"I was sold a house with the exclusive right to a balcony facing a garden of common use. Some months later, my neighbour told me that the community was trying to get the balcony reconsidered as common area and therefore, a common thoroughfare for all my neighbours.

My apartment is on the ground floor with quite large French windows and if my balcony turned out to be a common way I would lose my privacy which would change the property I had bought and its market value.

I contacted the title deeds insurance company, sent them a copy of the title deeds and they checked that my right to the exclusive use of the balcony was included in the statutes.

They also got in touch with the Land Registry, verified that the said statutes were registered and that consequently they were effective against 3rd party claims.

They explained to me that according to the law, statutes can only be modifed if changes are approved unanimously by all the owners. They recommended that I attend all the meetings of the community and to pay all of my expenses on time so that I did not lose my voting rights.

In addition, they contacted the administrator of the community and notified him that changing the statutes went against the law and that my balcony could never be qualified as common area.

The administrator, himself, later confirmed this point."

G. L. – Pontevedra

Spanish law states that where there are common areas shared by property owners, an official community must be formed with at least annual meetings held to apportion running costs and agree on maintenance schedules.

In most cases, these communities are run by committee with each owner's annual costs determined by the size of his property. You cannot avoid paying these costs and good lawyers should ensure that the community fees are paid and up-to-date prior to your purchase of the property.

There are often debates and quarrels over which parts of a community are designated as public or common areas and in particular, rights of access or thoroughfare.

Usually these areas are strictly defined and very clear to all respective owners.

This case, however, is an example of a common problem where normally claimants require a gentle reminder as to the legal definitions that govern their property and communal areas. They rarely come to court but can be the cause of considerable stress and tension especially when those in dispute are living in such close quarters.

Having your communal property protected with a title insurance policy means that the legal facts can be very quickly established and presented to the interested parties. For those insured, this usually means no expensive, additional legal representation is required and fairly quick outcome to the case.