Windows and Adverse Possession
Jornal Correio da Manhã Canada publishes article "Windows and Adverse possession" in the 04/11/2020 edition by Carlos Nunes, CEO of Fire Horse.
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04 of November 2020.
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“(…) he is my distant cousin, he lives in the region of Leiria, and the issue is already behind, of old inheritances (…), he was covering the window and said what was not said (…) and now I want to build there and he tells me he won’t let it, because I will cover his window (…)
João Martins – Mississauga
The questions you ask, and there are a few, relate to the absence from Portugal and the due respect and care, “use” that some may make of this absence, whether they are family members or not. In this case, a second cousin, who by representation was part of the same set of “inheritances” from your Grandparents. However, this is not where your problem is, because there is no will.
The case presented to us concerns a conflict of Property Law, that is, between your property, the land (which is not yet an urban plot, but can only be built), and your cousin’s house, which has, for a few years now, a window that, as we say, “lays” to your land. That is, it is open to its land.
I estimate that you must have already heard o “usucaption” and it is this legal mean that may be invoked by your cousin. In other words, if the window has been open for more than 20 years, he does not own his land, but an easement is constituted, also known as “easement of views”, which becomes an obligation, negative for him , to respect that window and then yes, you cannot build.
As always, I advise you to go to a lawyer to clarify, with all the facts, this situation and also some urgency.