Statement by the Spanish authorities concerning the Ley de Costas petitions

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9 Responses to Statement by the Spanish authorities concerning the Ley de Costas petitions

  1. Alan Nelson says:

    Thank God someone is at last doing some straight talking on this subject.My wife and I moved to lliber on the Costa Blanca /years ago.As soon as the last Villa was built, and after about 5years of continued construction, the local counil decided we were all illegal despite having all the necessary and correct paper work. Spain has benefitted a great deal from EEc mebership, but they don´t behave with the integrity that should come with that privilage. Thank you for persuing this problem many people are depending on a resolutionto this issue before it´s too late.

    • Phil Markham says:

      With reference to your comments posted in The Olive Press dated 25/3/2010. Whilst everyone here in Spain has some sympathy with ex pats who have purchased “illegal homes” There are some points that I would like to point out to you on this subject:-
      a. Not all provinces have these problems. Many buyers are more than happy with their homes in Spain.
      b. Please do not presume that all people who work in the property market are doing so just to take any client to the cleaners.Some of actually take great care of our clients as we both live and work in the same area. So subsequently we are around our patch every day. We do not wish to have to run down a side street when Mr & Mrs Blogs is walking up the road.
      c. Not all of the Town Halls act in this manner.
      d. From experience not all the clients that come to Spain to find a second home behave in ex-actually the way they would complete the purchase of a property. Would any client purchase a house from a “man in the Pub” of course they would not.

      So in closing I will be looking forward to your reply. I do not know how much time you have actually spent in Spain but please do not tar us all with the same brush.
      Yours in Spain Phil Markham

  2. Luis Giron says:

    The question of obtaining compensation from Spain on all issues at Government or even Institutional level is a very tricky one. Preconceived notions play a part in everything from a Judges sentence to an appeal or a simple claim against a professional through their official body. All wil determine from your attitude and nationality whether you deserve the right to be listened to. Most will think you are being unnecessarily demanding in a country that is not yours. It happens to Spaniards too, but in a very different way. The Lawyer´s guild in fact back every astronomical bill their members ladle out for what in Britain would be no more cost than time and incidental expenses. A letter or two by lawyer claiming against wrongful delivery of the rating bill as a means of having the penalty for late payment removed, can cost the client up to 2000 euros since everything is based on potential savings on the part of the claimant. The fact is that this could lead to a further 2000 and so on depending on circumstances. There is no payment on guaranteed results precaution so the whole thing is a dangerous waste of time. It applies to all work done by local lawyers who are now the most expensive in the world. Many are also incapable of remembering anything they ever learnt and they are constantly seeking advise from others to carry out their tasks. Ask immediate opinions from a number of them and there will all differ.
    As such therefore, the only answer is for Europe to open up direct access to claimants and to allow foreign lawyers to work in any European country provided they are bilingual. Alternatively, create a central Judiciary based on modern European law and not antiquated ones subject to interpretation. Foreigbn nationals and their investments are totally unprotected in Spain because of this and whereas legislation in keeping with European standards is a good thing, the ham fisted application as a means of indirect taxation through fines and penalties, is dangerous when utilised as a means of punishing foreign interests. Inspections are by complaints and not random and unbiased. This gives the local competitor an instrument of revenge which foreigners would not feel inclined to use. The result is a massive closedown of foreign interests and very low standards of health and hygiene in local commercial services, which are blatant to the eye. There is no attempt to inspect and advise in view of the increasing complexity of legislation in this matter – simply the creation of expensive outside services which are making fortunes as a result, at the expense of the bank neglected foreign emoployers. There is more, much more in a grossly unfair society that any amount of aid from Europe will not change.

  3. Martin Clayton says:

    A wonderful speech and put so well..

    The problem of the Ley de Costas is far reaching. We have heard and seen folks have sold their marina berths with an end date of 2057 has come back from the Junta in Andalucia CHANGED to 2018!!

    Can you imagine!!

    Thank you for highlighting the stupidity of the Spanish yet again!

    • jan mantel says:

      dear sir. for professional reasons I am investigating this subject, but I am struggling to get any hard facts of a marina berth deal where this actually happened. Several people have mentioned to me that they have heard of a case, but in order to investigate (with my spanish laywer) I need hard facts and contact details.

    • jan mantel says:

      Hi Martin

      As a mooring broker I am investigating this problem, but I am looking for examples. Can you provide me with any details as regards to the shortening of the lease from 2057 to 2018 (sounds like Sotogrande), or can provide me with a name of someone who knows any details. regards

  4. Pingback: Spanish Property Scam & Eminent Domain | The Marco Perspective

  5. Hugh Davis says:

    Be very wary of buying in Portugal as well as Spain. The local authorities see British property purchasers not as welcome guests who will boost the local economy but as wealthy suckers to be fleeced at every opportunity (and you will get no protection from the EU).
    It is clear that they gain much amusement from making foreigners jump through hoops before belatedly granting what is their legal entitlement.
    Also, because there is no universal postal service, bills such as electricity and property tax frequently get delivered to the nearest cafe (ie lost), which results in one having to pay enormous surcharges or even fines for non-payment.

    In 2001 a friend and I decided to each purchase a rural property in the Algarve either side of a small farmhouse on two distinct pieces of land.
    The two properties although clearly separate entities, did, for historical reasons, share a single land registry reference number. The lawyers and the local CAMRA both agreed that this was not a problem, and that two new deeds could be drawn up giving each of us, unequivocally, separate ownership of our two properties. It was estimated that it would take four to six weeks to carry out this separation, and so we went ahead with the purchase.
    Seven years and three lawyers later we were invited by the head of CAMRA to his office and informed that “separation of the two properties was not legally possible”. No explanation as to why he waited seven years to give us this judgement and no apology for the enormous expense and aggravation we had suffered during this period!
    Clearly we are better off than the Brits in Spain who have been swindled out of everything. We do still have shared ownership of the two properties. However the combined value of the properties is at least 30% less than it would be if they could be sold singly, and if we wish to sell we both have to sell at the same time.

  6. Hugh Davis says:

    A paragraph unintentionally omitted from my April 20th post:-
    The Portuguese are a delightful and friendly people, and their welcoming attitude in the face of a near-invasion of their country by British, Dutch and German property seekers is quite remarkable. Problems arise largely from two causes – 1)small town petty officialdom, and 2)the arcane Portuguese property laws which twenty four years’ membership of the EU has apparently done absolutely nothing to ameliorate.

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