Hola,
back in 2003 we bought a plot of land in coin to build a property on. We stated with our lawyer at the time we will only complete if we can build a property up to 300sq/m which they confirmed. Anyway, to make a short story long our architect told us we cannot build after submitting the drawings to the town hall. Our lawyer told us that the laws are being changed and we will know more when the new laws are published. We were quite patient, this went on until 2009 when we were told by a planner in coin that we will never be able to build and the lawyers knew that at the time of purchase.
We decided to take our old lawyers to court.
We had the estate agent who found us the plot, fly back in on our behalf to the hearing at the court in Coin, to confirm he knew we wanted a building plot, and we also had e-mails from our old lawyer confirming this.
Their defence was we bought the plot to become farmers and only after purchase did we decide to build, but there was nothing about this written down, it was something that was just said at the time (our lawyer said/lied in court).
Guess what - the judge sided with our old lawyer stating we were advised correctly, we wanted to become farmers-strange being as I am a builder- and nothing was mentioned regarding our proof of e-mails and witness to the contrary.
We are now appealing to the court in Malaga, but the appeal won't be heard until 2016 at the earliest and from my experience I don't trust the 'legal' system in Spain or the judges.
If the ruling isn't in our favour, any advice on what we could do next regarding our overwhelming evidence and their lies?
Stiff upper lip and all that chap,
don't cry in front of the men
bad for morale!
Lee