Usurpation and trespassing on someone else's property are crimes classified in the Penal Code.
The art. 245 refers to the crime of usurpation and says that “whoever occupies, without due authorization, a dwelling, another's building that does not constitute residence, or occupies himself against the will of its owner, will be punished with a fine of 3 to 6 months".
The crime of trespassing is regulated by art. 202 of the Penal Code and says that "the individual who, without living in it, enters another's dwelling or remains in it against the will of its inhabitant, will be punished with imprisonment from 6 months to 2 years."
The difference is in the dwelling that is occupied, this means that if it is the habitual residence it would be a raid, while if it is in disuse it would be a usurpation.
Steps that we must follow in this situation;
File an immediate complaint with the police
In the case of trespassing, classified as a crime in the Penal Code, eviction by the Police is allowed without the need for a court order because it is considered a flagrant crime. However, no more than 48 hours have passed since the search was carried out for the eviction to be effective.
It is convenient to have witnesses and present the appropriate documentation to prove that you are the owner of the house
In the event that there is no complaint to the Police in the indicated time, the affected person can appeal through civil or judicial means to recover their home. This is because article 18.2 of the Spanish Constitution refers to the inviolability of the home, so that once the occupants constitute the house as their home, it will not be possible to access it without a court order.