One of the questions we are frequently asked by foreign clients is their right to fence or enclose their rural property.
In this regard, our legislation is clear, as our Spanish Civil Code provides in its article 388, that all owners may close or enclose their properties by means of walls, ditches, hedges or in any other way, although it clarifies that the easements constituted on them must be respected.
Therefore, in principle, rural properties can be enclosed or fenced, although certain circumstances must be taken into account.
1.- Firstly, as we have already mentioned, the right to close a rural property is inherent to the right of ownership, recognised in our constitution and our laws, but the easements must be respected, in the event that they have been given to adjoining properties, which allow them to pass over the property.
2º.- It is also important to bear in mind that town councils can dictate municipal town planning regulations that indicate how and in what manner these enclosures should be carried out. Therefore, local councils can impose fencing conditions or specific restrictions on the right of owners to enclose their properties for environmental, historical or landscape reasons, as long as these restrictions are based on town planning legislation and in any case, allowing the right to enclose the plot. To this end, in order to enclose our property we will have to apply for the corresponding municipal licence, as indicated by each local council, although the usual procedure is to attach a signed technical report, indicating the cadastral reference and the type of fencing or enclosure to be carried out.
For more information contact Despacho Lamas law firm in Palma de Mallorca. Our contact details are: +34 971 720 202, jaimelamas@despacholamas.com
