Due process prevails: possessory actions as a legal check on self-help measures
We are pleased to share a recent judicial success in the realm of possessory actions, in which the Court of First Instance granted full relief to our client, recognizing her right to be restored in the possession of access to a rural estate that her family has peacefully enjoyed for over thirty years.
The dispute arose when the defendant, acting unilaterally and without notice, erected a concrete wall with the purpose of obstructing our client’s long-standing access to the property. This barrier effectively denied the family any practical use or enjoyment of the land. In a further act of coercion, the defendant conditioned removal of the wall upon the payment of a substantial sum.
Given the complexity of the factual scenario, substantiating both the possession and the dispossession required an intensive evidentiary effort, including documentary, photographic, testimonial, and even audio recordings. Trial preparation demanded meticulous technical work and a carefully crafted litigation strategy to lend persuasive weight to a narrative grounded in decades of uninterrupted use.
The court’s judgment, well-reasoned and thorough, underscores several key principles:
- The pacifying and protective function of possessory actions: The decision reaffirms that individuals must not take the law into their own hands, even when they believe they have a right.
- Assessment of evidence: After a detailed evaluation of the evidence presented, the court found that the access in question had been used since the time of the client’s grandparents. The defendant’s construction of the wall was deemed not only unnecessary but a clear act of force.
This ruling reinforces the necessity of resorting to legal remedies rather than self-help measures and illustrates the legal efficacy of possessory actions when pursued with care, diligence, and evidentiary precision.
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Madrid, a 10 June 2025.