the plot thickens

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09 May 2013 12:13 AM by lee horn Star rating. 2 posts Send private message

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





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09 May 2013 10:31 AM by ace Star rating. 310 posts Send private message

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This message was last edited by ace on 09/05/2013.



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09 May 2013 9:48 PM by eggcup Star rating. 567 posts Send private message

 It sounds like you've got the right philosophical approach. Don't let the b**stards grind you down. As you say, the prospects of getting justice are slim - with the judge believing the unsubstantiated evidence from your old lawyer, but not your substantiated evidence. You couldn't make it up. All the best, anyway.



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09 May 2013 10:48 PM by eos_ian Star rating in Valencia. 509 posts Send private message

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 I feel for you Lee! Recently the Spanish justice system is more like an injustice system. Infact it is down right embarrassing. The judges seem to be getting lazy and can't be bothered to get their hands dirty with cases and really get to the bottom of it. They appear are taking the easy way out and ruling in favor of the quickest route home, regardless. Stories like yours, Kids being grabbed from their mothers in the court rooom and being sent off to foreign countries, unsolved cases being closed and archived left right and center... it is shocking and some of the judges should be going on trial. Hang in there and don't give up, prepare the court case well and if necessary appeal and appeal until they finally listen. 

good luck



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11 May 2013 7:32 AM by lee horn Star rating. 2 posts Send private message

Thankyou for your replies and I will keep you posted. Que sera sera !



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