Irregular occupations are taking on new forms and worrying more and more owners and authorities. For years mainly associated with empty apartments and vacant houses, these practices are now beginning to extend to other spaces, such as private gardens, rural land and even boats. The change reveals weaknesses in the legal framework of private property and is making it difficult for responsible entities to respond.
Gardens, land and boats become new targets
According to , this new trend results from the perception that external spaces or those with sporadic use are easier to occupy and more difficult to recover through traditional legal means. Many of these places are poorly monitored or are located in remote areas, which contributes to delays in the authorities’ action.
In recent months, there have been cases of vessels being occupied in ports in Spain and France, as well as land being transformed into makeshift camps. In several situations, occupants remained for weeks, leaving waste, causing material damage and, in forest areas, creating increased fire risks.
Unlike homes, gardens and land do not benefit from the same level of legal protection. Before any intervention, owners are required to prove ownership of the space and identify who occupies it, a process that can take months.
Limitations in the law make it difficult to respond
Jurists cited by the same publication admit that Spanish legislation is not prepared to respond effectively to this type of occupation. Many of the affected spaces are classified as rustic or intended for occasional use, falling outside the legal regime applied to main residences.
The slowness of the courts and the scarcity of police resources in rural areas end up worsening the problem. Some local authorities have attempted to implement faster response mechanisms, but results have been limited.
Faced with this scenario, many owners resort to private solutions, such as security companies, surveillance systems or the reinforcement of fences. These measures imply high costs and do not always prevent new occupations.
In Portugal, the phenomenon does not yet have the same expression, but it is beginning to be observed with greater attention. In Lisbon, the City Council identified 721 illegally occupied municipal dwellings, of which around 700 remain to be regularized or returned to the municipality’s possession.
Data released by the real estate portal Idealista indicates that this reality has reinforced the debate around the need for more rigorous measures, including heavier sanctions and faster eviction processes.
Experts consulted by the same source emphasize that irregular occupation is also linked to social factors. The increase in house prices and the scarcity of supply in the rental market lead some groups to look for alternatives in unoccupied spaces, even if outside the law.
To date, the Spanish Government has not presented concrete measures to respond to this new wave of occupations, which is already affecting property owners in several regions of the country.
A case that occurred in Girona illustrates the complexity of the situation. A couple returned to their home and found the property occupied, having to abandon it again after a court decision. The occupants presented a video that demonstrated that they lived inside the house, an argument accepted by the Court to consider the space as their habitual residence.
According to HuffPost, Spanish legislation establishes that, after 48 hours of stay, a property can be considered housing, requiring a court order to vacate it. In practice, this rule turns many property recoveries into long and difficult processes.
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