- Squatting in a habitual residence
- Squatting an empty home (Second residence, holiday home, bank property etc.)
Depending on which of these squatting takes place there are two different routes to take:
- Criminal route
- Civil route
If an illegal occupation occurs in a habitual residence, it is necessary to resort to the criminal route to urge an eviction.
Whereas if the illegal occupation occurs in an empty dwelling it is necessary to take the civil route.
Criminal proceedings are faster. Therefore, as soon as we detect that someone has entered our house, the first thing we must do is go to the police station and report a squatter situation. At the station we should provide the deeds of the house and everything that can help us prove that our house has been occupied by squatters, such as images of the lock if it has been forced or images from the security company in which our property is protected by. The squatter eviction from the house should be immediate although, it is essential that the owner detects the squatting as soon as in order to kick the squatters out.
Being able to detect an intrusion allows necessary protocols to be followed and taken by a security company, making squatting situations to be avoided easier.
The situation is very different when the occupied dwelling is not the owner's main residence. In these cases, civil proceedings must be used and the scenario is more complicated. These types of situations have been increasing in recent years and are mainly handled by squatting mafias.
SQUATTERS main objective are homes that are empty for weeks/months of the year since these usually take longer to detect that they have been occupied, giving the squatters time to settle down in the house, making the eviction more complicated.
With the property being temporarily empty or uninhabited, a person's property is not being protected, what is protected is the ownership and possession of that property. Therefore, the sooner this is identified – the better.
If there is no case of a rental contract nor a “fake” one – the eviction should be immediate unless the property benefits a family in a vulnerable situation.
The first thing to do in these cases is to file a lawsuit in court, once this is filed, it is passed on to the corresponding judge admits to process it or not. This decision can take up to two months.
Squatters are then notified and must prove ownership within five to ten days. If they do not accredit it, the release date will be dictated. But all this can be delayed in time, taking anywhere between 3-12 months.
When left too long, a squatter can normalize his “squatting situation” by changing the locks, registering in the house at the town hall or paying a bill addressed to the house, making it a lot more difficult to evict as “a possessory state” has been built by the “illegal occupier”
Prevention is key by installing a security system in your home plus Power of Attorney given for professionals to be able to act on your behalf should a situation arise with timing being of the essence.
The protection service we offer has both these services 24 hours a day, 7 days a week, ensuring the safety of our customers along with piece of mind.
The first 24 hours of your home being invaded by squatters are crucial to act fast, as this can make a large difference in the timing of evicting the squatters.
Vesta Vigilar offers an unique service helping you all the way, not only monitor we your home for intrusion, we handle the case, from reporting to the police to going to court - if necessary! All included no additional cost to you.