Land in Valencia

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15 Nov 2017 12:19 by rampromotions Star rating in UK. 2 posts Send private message

I have owned a plot of land in Valencia since 2008 and recently they have reclassified the boundaries which made it smaller without my permission or informing me.

Are they allowed to do that, and shouldnt i be compansated?

I still have the original sale documents with the purchase size and boundaries highlighted.



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16 Nov 2017 16:46 by windtalker Star rating. 1251 posts Send private message

Look up land grab in Spain... Good luck.





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16 Nov 2017 18:49 by acer Star rating. 1087 posts Send private message

I thought this practice was outlawed by the EU, but I suppose that makes no difference.





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17 Nov 2017 12:47 by mariadecastro Star rating in Algeciras (Cadiz). 8888 posts Send private message

Legal Questions? Speak to Maria Direct

The urban expropriations or for urban planning reasons are mainly regulated by regional legislation without prejudice to the application of National Land Act. The Forced Expropriation Act, in any case, is supplementary to the aforementioned norms.

National Land Act establishes  ( article 42) the approval of the territorial and urban planning instruments will entail the declaration of public utility and the need to occupy the corresponding assets and rights, when said instruments enable their execution and this must be produced by expropriation. Said declaration will be extended to the precise land to connect the urbanization action with the general service networks, when necessary.

This same Act details on “ fair value” of the expropriated assets and rights , which will be set according to the criteria for valuation of this law through an individualized file or through the joint appraisal procedure. If there is an agreement with the expropriated, value can be met in kind.

The actions of the expropriatory file will be followed by those who appear as interested in the delimitation project, drawn up in accordance with the Law of Forced Expropriation, or who prove, in legal form, to be the true owners of the assets or rights against what the project says. . In the joint appraisal procedure, errors not reported and justified in the public information phase will not result in nullity or reinstatement of proceedings, however, the interested parties retain their right to be compensated in the corresponding manner.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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17 Nov 2017 16:22 by Steve C Star rating. 67 posts Send private message

Mariedecastro

How does this apply to the OP

 


This message was last edited by Steve C on 17/11/2017.



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17 Nov 2017 18:58 by acer Star rating. 1087 posts Send private message

It seems like there's compensation due, init.





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17 Nov 2017 19:05 by Steve C Star rating. 67 posts Send private message

well seems this thread is following a trend on EOS of one post new members





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18 Nov 2017 21:39 by rampromotions Star rating in UK. 2 posts Send private message

Hi,

Thank you for the replies and the information.

I did employ a solicitor to find out the reason why my plot of land had been made smaller without informing me and the only reason he came back with was that every now and again they do a satelite photo of the area and can re-adjust the boundraries.

That explination didnt sit right with me but because i dont speak Spanish and did not want to spend anymore money in what has proven to be a corupt system.

If anybody can suggest somebody that could sort it out for me that would be much apprieciated.



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18 Nov 2017 22:04 by ads Star rating. 3139 posts Send private message

 Another informative posting Maria, albeit complex ;) but a few questions follow....

Are any penalties and provision for additional compensation in place when no notification has been provided to the land owner?

Also if land was being expropriated due to subsequently being deemed "illegal" due to non adherence of regional or national planning rules, would the owner be adequately compensated within this compensatory route if this had arisen as a consequence of town hall or notorial  or legal malpractice and lack of due diligence ( i.e. where blind eyes were turned to the requirement to meet such rules from the outset of purchase ) ?

Or, having been stripped of the land, would the owner then be left to fight this via yet another route to justice, which would appear very unfair, potentially lengthy and costly? Under this circumstance shouldn't it be up to the regional authority to compensate the land owner but then for the regional authority to make the claim against professionals' legal indemnity insurance?

But from another perspective, where professional malpractice does not apply, depending on the background circumstance, might this be an attempt by the authorities to prevent land banking where nothing has been done with the land for a lengthy period of time or is this not a problem in Spain ( as it appears in the UK)?


This message was last edited by ads on 18/11/2017.


This message was last edited by ads on 19/11/2017.


This message was last edited by ads on 19/11/2017.



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29 Nov 2017 11:00 by mariadecastro Star rating in Algeciras (Cadiz). 8888 posts Send private message

Legal Questions? Speak to Maria Direct

Answering Ads questions, always precise, interesting and formative ;). Thanks for them. Below in bold green

Are any penalties and provision for additional compensation in place when no notification has been provided to the land owner? In that case, unless being well justified as urgent, the proceeding can be challenged as null and void.

Also if land was being expropriated due to subsequently being deemed "illegal" due to non adherence of regional or national planning rules, would the owner be adequately compensated within this compensatory route if this had arisen as a consequence of town hall or notorial  or legal malpractice and lack of due diligence ( i.e. where blind eyes were turned to the requirement to meet such rules from the outset of purchase ) ? Of course.

Or, having been stripped of the land, would the owner then be left to fight this via yet another route to justice, which would appear very unfair, potentially lengthy and costly? Under this circumstance shouldn't it be up to the regional authority to compensate the land owner but then for the regional authority to make the claim against professionals' legal indemnity insurance? Compensation is to be made by the Public Authorities.

But from another perspective, where professional malpractice does not apply, depending on the background circumstance, might this be an attempt by the authorities to prevent land banking where nothing has been done with the land for a lengthy period of time or is this not a problem in Spain ( as it appears in the UK)? Law prevents this in Spain. Administrations do frequently overúse their powers but Law establishes a proceeding and penalties for its breach.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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