Bob you are presumably talking about the Spanish Government's retrospective actions without an adequate compensation package in place, which is the crux of the matter.(Apologies if I have misunderstood this by the way!)
It might well be stated that these actions appear to be an illegal act according to the EU declaration of human rights, but the problem comes when trying to enforce this legal argument from within the Spanish justice system, a system that is inconsistent and suffers systemic failure to enforce rulings. It's a catch 22 situation that requires a solution.
I suspect that unless the Spanish Government introduce some form of compensation package themselves (highly unlikely), or withdraw the illegal status that blights so many properties (you need to investigate the current situation on the ground so to speak), that the argument can only be won by demonstrating (via petition evidence and a review of enforcement statistics) that a "member state" is failing in its duty to enforce the law, and thereby requires outside intervention (via the European Commission) to enforce a fair compensation package, either by EU budgetary controls at their disposal, or some form of infringement process. And it affects not only those who fall under the remit of illegal properties, but all those who are currently being denied enforcement of their successful rulings in Spain.
This aspect re existing property rights being compromised by lack of enforcement in Spain requires further investigation.... and there are some looking into this as we speak, but it is early days on that score.
I do understand your frustration however.
Regarding property registered in the Land Registry, it appears that due to lack of prior regulation that it was possible to register an illegal property (hence the latest reform of the law), i.e. a property that did not have either an LFO, and/or a construction licence and/or technical certificate in place,
The new law LEY 8/2011 dated 1 July 2011now states:
The decree states that it is not possible to register a new property on the Land Registry unless it has a licence of first occupation, a construction licence and a technical certificate which states that the property corresponds to the plans for which the licence was granted.
It appears a clear admission that it was previously possible for a developer to register an ILLEGAL property on the Land Registry!!
Which begs the question, WHERE DOES THIS LEAVE THOSE WHO HAVE BEEN COMPROMISED BY LACK OF REGULATION IN THE PAST?
Perhaps Faro might wish to pass comment on this?
Also as far as I can comprehend after listening to the recent seminar on property rights in Spain, the suggestion has been made that purchasers who place their trust in legal conveyancing professionals (lawyers), do so under the rightful premise that purchasers are not knowing of the facts relating to complexities within the Spanish system, and have every right to expect their legal representatives to act with all due diligence and knowledge according to the existing laws of Spain, and to act in their best interests on all matters.
This message was last edited by ads on 31/07/2011.
This message was last edited by ads on 31/07/2011.