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I have to agree with Georgia regarding anyone taking the view that this can only happen in spain. I once purchased a property in the Midlands and after 2 years had a buyer for it. The buyers lawyer discovered that half of the plot did not belong to my house, so why didn´t my lawyer discover this when I purchased it? The UK housing market has it´s own problems and falabilities. This however does not help us get nearer to solving the problem of the Priors or those in similar circumstances. But, through websites like EOS, thousands of people can meet and discuss the next step that hopefully will be meaningful and effective. I´m impressed that Justin is taking this one personally and looking to acheive some sort of campaign. I´m busy thinking of ideas at present like everone else here, we will I´m sure, find a way of getting heard. Good work Justin.
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We could ask the Spanish government to bring back garrotting 
Sorry - just trying to bring a bit of levity and calm back into a very emotional subject.
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Surveyor's post gave me a laugh- perhaps that's the levity advised by Georgia!
Please, please tell me how one can ensure that your lawyer would treat your purchase as if it was his own? Does anyone think we would deliberately pick a c**p one. Is there anyway of knowing if things are going to go wrong many years later? If so I would like to know it.
Seriously though, it is very easy generalise in this situations BUT anyone buying at this moment would be well advised to look into this very carefully.
Gloria
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Got no information from our solicitor when I emailed querying about possibility of demolition in later years. We are buying off-plan just 20 minutes along the coast from Vera. Instead he's reporting that our deposit guarantee will be renewed this week. That's fine but I'd like a life-long guarantee.
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Jo and Jim
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Xetog - We must remember that of the millions of homes built here in Spain the vast majority are fully legal or legalisable. Several thousand are not, but they would account for less than half of one percent. I suggested further down this thread that the easy way to ensure people do NOT buy illegal properties is for the owness to be on the Notary and conveyancing Lawyers to ensure all permissions, licenses and other paperwork is actually physically on the table when the buyer steps in to sign their title deeds. Should there be a problem arise after that, then the regional departments like JDA would first address their claims to the Notary and Lawyers concerned. It can really be as easy as that! In the case of new-build, all developers should have a full legal pack with a formal guarantee from provicial authorities in several languages that it is safe to pay a deposit and sign a purchase contract. Again this should not be a problem to obtain for any legal development.
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Gloria-the levity i described is exactly what you have just mentioned,be very careful when you are purchasing property anywhere....
What iwas trying to suggest is that we don't all necesarily need to run to the hills screaming,thinking all our houses are illegal and will be demolished and never buy in spain again.....
You are dead right,people didnt neccesarily know in the past who were the good guys and who are not,beleive me it is a lot easier now.
U nfortunately at the end of the day with all the due dilligence in the world,you do have to trust someone....
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i couldn't agree with you more, Gillespie. Sounds a very sensible way to go. I can't help but worry about the thousands affected though.
Georgia, I'm not worried about my own property (although as we have just had a break-in so perhaps I should!) but I really do like to see fair play for all and who knows what may happen in the future. The Spanish have had more than their fair share of adverse publicity if you count the land grabs of a couple of years ago.
Gloria
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Glad to see there is so much support for this.
I have been making some enquiries though various people and will report my findings out ASAP. Just trying to establish the true facts of the case and potential collective actions we can take.
Let's keep this going....
Justin
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That's great, Justin
Gloria
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Regulations have been tightened up hugely now with several Notaries and Lawyers having their knuckles wrapped for taking chances. Banks are also very aware of ensuring everything is totally above board, and whilst it makes the sale completion longer, it is much more foulproof for buyers.
In the past everyone took it for granted there would be no problem and that eventually all illegal builds would be made legal - the legal establishment and the banking system.
It is very unlikely that now with so many checks in place there would be problems like this - of course the odd ones will get through the system, but 99.9% wont.
Life as a whole is a risk - and now the compensation mode has caught up with Spain, there will be recourse for parties caught up in this mess.
People are still buying here and still moving here - that wont stop.
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Justin, just a thought, but we should look at the various capacities of each supporter here. We have Lawyers, Inmobiliarias, wronged buyers, satisfied buyers, potential buyers, web magnate/s!! and other trades and proffessions. Now a collective organisation boasting its membership of those varying parties alone sounds like a comprehensive cross-section of involvment. Pity we don´t have any Notarios here but I bet we could find a few sympathetic ones through the lawyers here, after all, they should want to keep their noses clean as much as anyone else in the property industry. The PR for this campaign would benefit by listing not only those above, but TV companies (producers of A place in the Sun etc.) Radio Stations REM FM/Spectrum, MEP´s, and the odd celeb - Antonio Banderas and Rixxy??? for example would guarantee mass coverage. Although the emphasis should be placed on those about to be effected for obvious newsworthyness. Just my 2 cents for now.
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I agree with all you say Gillespie, good post.
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Maureen & Dennis
Coto Real
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We are building a villa on Costa Esuri and have taken every precaution to be sure that all is above board. We bought the plot from Fadesa with outline planning permission and a list of requirements to follow to get full planning approval. We employed a very well qualified Architect to secure detailed planning consent within the planning guidelines. This has been done, we have approval from the college of Arquitectos in Huelva, the Ayuntamiento in Ayamonte and the urbanisation appears on the Cadastral website. Indeed I can identify my plot and get all the facts about it from that website. I have the Escritura for my plot and a Nota Simple to say it is free from Charges. So far so good.
However about a year ago just before the municipal elections a scare was raised by the Green party/lobby that a proper Environmental Impact Study had been carried out and a denucia raised against the incumbent mayor. This caused my agent to request via a solicitor confirmation from the Provincial Government in Huelva that all was in order. The denucia was set aside by the judge and the Provincial Government issued two very official documents that said all approvals had been given.
I have never seen anything from the Junta Andalucia that approves either my plot or the development as a whole. I know the site was controversial since it includes two golf courses and borders protected salt wet lands on the tidal River Guadiana.
Are we safe all 6000 apartments,duplexes and townhouses together with 900 villa plots. I do know that the Notary from Punta Umbria and local Abogados have bought plots either for investment or to build homes because they have told me so. Is this enough or will it still be set aside?
John.
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Well posted, Gillespie. We could ask Chris McCarthy, Managing Director of Viva Estates to help too as he may have time on his hands now. Sorry I better put a line through that gem. Sorry Justin. 
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JohnKath - The JDA will need to give approval if your property is being built on land previously classified as rustic/agricultural use. Local town halls do not have the right to re-classify land useage agreements. If your property is on previously classified urban poligono´s then your local town hall can approve building works provided they are in keeping with provincial planning regulations, such as, how many levels, build size percentage per plot, boundary distances, access etc. The fact that Notaries, Mayors and other officials have plots there is worrying, they may not have paid for them, and possibly were given them as a bribe as is often the case. I am not trying to worry you, however, check out the status of the land - Rustic or Urban- prior to the builder/developers ownership.
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Where do you check the status. The development has a history of about 25 years, the first attempt was by a UK developer and continued for about 15 yrs. It then passed through various Spanish developers until Fadesa (at the time one of the biggest developers in Europe) got all the "permissions". It is big, very big about the size a 60,s English new town such as Runcorn or Skelmersdale but very low density (less than 15% built on 960 hectares). All of the urbanisation infrastructure was put in by Fadesa and some development areas sold on to large third party developers to build apartments, town houses and villas but the majority of the development is being done by Fadesa direct,
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Surely after a certain period of time right of use would overthrow any supposed attempt to delegalize properties and developments?
There must be a timescale in place somewhere!
Thanks for the vote of confidence Gillespie!
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yes there is a time limit. Properties built before a certain date are exempt. I'm not what this date is though
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Guess that depends on the size of the brown envelope!!
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