What is “Precario” in Spanish Law?

Precario is a legal concept in Spanish civil law that refers to occupying someone else’s property without any legal right or valid title. It is most commonly used in cases of real estate occupation.

In simple terms, a “precarista” is someone living in a property without being the owner, tenant, or having any contract that allows them to stay there.

When does precario apply?

• With permission but no contract: e.g. a friend is allowed to stay in a flat for free, but nothing is signed.

  
  

• Expired contract: the lease ends, but the tenant stays on without paying.

  
  

• No title at all: an illegal occupation (“okupa”).

Property vs. Possession

• Ownership (Art. 348 Civil Code): the right to use, enjoy, and dispose of property.

  
  

• Possession (Art. 430 Civil Code): holding or using a thing, but without full ownership rights.

  
  

• A precarista has possession but no legal title, so the owner can reclaim the property at any time.

How can the owner act?

Civil actions:

• Eviction for precario (desahucio por precario).

  
  

• Reivindicatory action to recover ownership.

Criminal actions (Art. 245 Penal Code):

• Illegal occupation (usurpación) with or without violence.