A question on the legal system in Spain
Posted: 02 February 2011 10:30 PM  
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I live in Barcelona and I have a crazy neighbor in my building.

There is ongoing construction and remodeling going on both, in my building and the one that adjoins ours in the central air shaft. They are adding windows on the airshaft for the adjoining building and there are several empty flats that are being worked on in mine. There is constant chiseling and hammering going on from 9am to around 7pm. Then, the new neighbors in the building are doing their own picture and shelf hanging in their flats up until as late as midnight, but that is not at all constant.

Now, I am not the quietest person to live above, below, or next to. I do my own fix it jobs and miner home projects. But, I only do them during the day, never at night. I am not talking about major renovations like what is going on next door with the smashing of walls to create windows.

I am not bothered greatly by this stuff because I consider worrying and fussing about my neighbors is just a recipe for frustration and paranoia. I lived in NYC for about 20 years.

My crazy neighbor, on the other hand, believes she knows that I am the one making the noises she hears at all hours of the day and night, including the pounding from the crew working on the adjoining building in the middle of the day. And, here is the clincher; she claims that the police will give me a citation based solely on her say so without any corroboration or proof.

I don?t know the laws in Spain all that well, but it seams to me that any nation of laws that could be accepted by the EU must include something requiring the burden of proof before conviction and passing sentence. Citations can?t really be handed out on hearsay can they?

Please tell me I am not crazy!


Danny

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Posted: 16 February 2011 10:31 AM   [ # 1 ]  
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Hi Danny,
If it is needed? (and you have some disposable cash), the advice of a (good???) lawyer might be best. (Sur in English though have a ‘Lawyers advice column’ and you might be able to get a free response)...

My understanding is your neighour can go to the police and ‘denounce’ (make a report) about you, but what the police will do from there is anybodys guess. I am figuring that if they bothered to turn up to your apart they would see/hear immediately it is not you that is causing said molestations!

I do know that it is legal to make building noise (on approved works at least!) from 0800hrs to 2000hrs? Mon - Fri (and Sat am 0800 - 1300hrs?) in the South.  If they are working outside of these hours,  you can go yourself and make a denunica.  (I did this regarding a neighbour who’s builders were starting as early as 0600hrs. It worked, and the local police came and stopped them!) 

Good luck. 
SJ

(PS If you can really be bothered possibly video tape at different times of the day/night when the noises are going on and make sure the sound is turned up and the date/time code is on the tape. Even take photographs.  At least then you have some kind of defence.  Sounds like she would be looking at a Sound disturbance issue in the Uk, which requires proof from the complainant?)

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Posted: 16 February 2011 10:32 AM   [ # 2 ]  
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PS The building you live in - Does it have a Community and a President? (like we have on our Urbanizations). 
Start there?  (Also petition other neighbours to see if they have issues with you/or this woman?) 

Sounds like a living hell to me.

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Posted: 16 February 2011 04:22 PM   [ # 3 ]  
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Thanks for the advice Susan. The crazy lady came to my door at about 4pm a couple of days later and I stood in front of her while the noises were going on all around. I was alone in my flat and told her so, but she didn’t believe me. So I told her to call the police and to stay away from my door. The construction is ongoing, and I have heard nothing from her or the police. We don?t have a tenant?s board in the building, but I think she complained to the concierge and others in the building but got no support for her claims. She seems to be a typical bitter spinster with too much time on her hands.

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