Illegal real estate occupations have been generating controversy in several European countries, including Portugal, where similar situations emerged in the municipality of Almada. This phenomenon was again at the center of public discussion after a dramatic case in France involving a 95 -year -old man.
It all started when the owner received a notification from the local Chamber, informing him that his residence was busy. Given this reality, he decided to start a lawsuit to recover the house, requesting the dump of intruders through the available legal means.
Despite the initiative of the elderly to recover the possession of the property, the court rejected the request for eviction six months after the beginning of the case. According to Portal Noticias Labor, the decision was based on the absence of evidence that entry into the property had been made with violence or intimidation, even if one of the occupants has admitted to forced the garage door.
Abandoned house in a pitiful state
The pressure exerted by the owner’s lawyer eventually led the occupants to leave the scene. However, the departure did not represent any relief: the house was left in deplorable conditions, with damaged, toilet and open taps for months, resulting in a water invoice worth 17,364 euros.
French legislation holds the owner of the property responsible
When he tried to contest the amount charged, the elderly went to the City Council. However, it was reported that the responsibility for payment was yours, since, according to the authorities, did not take timely measures to avoid the occupation of the housing.
French legislation stipulates that the water counter is always in the name of the property owner, which makes it responsible for any consumption, even if it has been caused by illegal or unauthorized occupations.
Supply Company Refuses Support
Although there are previous statements from the water supplier company to assume costs in similar cases, in this concrete episode chose to refuse any refund, alleging specific circumstances.
Courts are again the only appeal
Unsuccessful in attempts to resolve the situation by extrajudicial, the elderly man was forced to return to the courts, this time to contest the debt and avoid having to pay a large sum for damage he did not cause.
The episode highlights significant weaknesses in the French legal system regarding the protection of owners’ rights, raising doubts about the effectiveness of current measures to deal with unauthorized occupations.
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New laws hardens penalties in France
In response to the growing number of cases, the French Parliament recently approved a legislative proposal that hardens penalties for this type of infringement, predicting up to three years in prison and fines that can reach 45,000 euros.
Despite these legal changes, obstacles are continued in the practical application of the measures, as proved by the unsatisfactory outcome lived by this French elderly.
Other European countries follow the example
Other European countries, such as Spain, have also considered new legal measures to better protect owners and prevent similar abuse, a clear sign that the problem is transverse to the continent.
French case as a warning sign
According to this, this case serves as a warning of the need for legislative reforms that balance the protection of property rights with respect for human rights and guarantees of occupants.
As more these situations come public, pressure on political decision makers grow to adopt more robust solutions, capable of preventing abuse and ensuring greater justice.
Owners should adopt precautions
Meanwhile, experts advise owners to reinforce their care for uninhabited properties, remaining aware of the legal implications associated with improper occupation.
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