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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 639. A Judge against demolitions
22 November 2011 @ 12:37

  This interesting topic was addressed in a table of the Congress of Notaries held in Benidorm last week. Edilberto Narbon Lainez, Judge of the Supreme Court of Valencia, is headed forcefully against the doctrine of the Supreme Court (TS), in which the existence of third party purchasers in good faith is not a determining factor to prevent the demolition of homes.


"The majority of TS case Law on Urban planning violates property rights contained in Article 33 of the Constitution, interpreted according to the European Court of Human Rights (ECHR)”

Generally, the demolition order is the end result of a judicial process that the owner is not made aware of until the enforcement stage, without being able to defend their property rights in a declarative process or in an executive one.


The judge understands that with his attitude, "the TS calls into question the safety of the public faith system, as the owner not only obtained a license from the Local Administration without  being stated that  its legality is in question but also purchased the property relying on the Land Registry information,  where  there was no warning notes about this”


Narbon presents solutions: the bona fide third parties should be able to invoke in their favor the principle of legitimate expectation based on the value of the license by the administration and the so important principle of public faith of the Land Registry

Legal certainty and Land Registry’s public faith would play in the contentious- administrative preceding the role of being a cause to impede the execution of the Court decision. This solution fit for those who have obtained a ruling in their favor declaring the illegality of the license as enforcement by substitution is allowed, exceptionally, by the Constitutional Court and the European Court of Human Rights

Sierra de Grazalema

"Sierra de Grazalema", Grazalema, Cadiz, Spain, by Senderismo Sermar, at flickr.com



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3 Comments


Sandra said:
22 November 2011 @ 13:45

At last someone with standing has bitten the bullet and exposed the inconsistencies and conflicting laws that have made life unbearably miserable for those affected by these demolitions.

What now for the Priors?


Maria said:
22 November 2011 @ 14:01

Sandra:
This is an opinion but not a Court Case decission. Anyhow, it contributes to social and judicial revision.
Regarding the Priors... they already have the house demolished, is not? In that case, their resort is always compensation.
Cheers,
Maria


Sandra said:
22 November 2011 @ 14:05

Oops! There I go again, jumping the gun.

But one day.......................


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