Responsibility for a track

[Campo Steve]

How can I find out who is responsible for a section of track?

The track behind our house is a dirt track and I am confident that the Ayuntamiento is responsible for its upkeep. After all, they grade it every year.

Towards the end of that track is a T-junction. Going left it is a steep slope that is concreted, passes our house, past a neighbour and ends at the river bed. Across the river bed is another dirt track that goes up to the main town. That track also gets graded annually.

I want to find out who is responsible for the upkeep of the concrete track that goes down to the riverbed. How can I do that? The concrete at the top part of the track is breaking up and needs replacing. It's becoming harder and harder to get up it in anything but a 4x4. We had a delivery of furniture the other day in a Luton Transit type vehicle and it would have been stuck but for lots of wheel spin and four able-bodied men pushing it, dodging the lumps of concrete flying everywhere. Grip gets lost on the loose bits.

My Spanish neighbour says it is the responsibility of the Ayuntamiento but I expected him to say that as he has no money and would deny any liability (they are a nice family though). I could also ask the Ayuntamiento but I wouldn't expect them to admit responsibility even if it is theirs as funds are short. I would like to know who is legally responsible before approaching them.

Any advice appreciated.

[Devils Advocate]

Morning Steve, our track too is maintained by the town hall and is also graded (of a kind) once a year and repaired if rains threaten it..........it also has a section of sturdy well laid concrete for the first 150 metres or so.

Now what I think has happened here (after asking about this) and I bet it's the same with your track is I'm told the concrete bit was put in by a builder some years ago who built 2 houses further up the hill...............probably thinking they (the houses) would be easier to sell.

Problem is, if that section ever broke down I doubt Town hall would take responsibility to repair it wth concrete and I'd bet the 2 houses it was prepared for have nothing in their paperwork suggesting the liability is theirs.

One Spanish bloke on the track has offered 3 times now to continue the track in concrete for its entirity (1.5k)..at mates rates too and the price per household I thought was cheap for the benefits it would have.......out of 12 houses only 3 were willing to stump up.

Therefore Steve I reckon unless you can find someone who actually "owns" the concrete and has liability for it you're stumped.............with a "whip round" being the only option. If the tight bu55ers are like the ones by us they'd sooner leave it broke,.irrespective of cost.

[Campo Steve]

Thanks DA. I have a feeling you are probably right.

Unfortunately the concrete part only serves two houses, ours and the Spanish family who have no money. They are also on a flatter bit so don't have a problem as they can get a runup at it. We, on the other hand, are at the steep bit.

Having said that, a couple of years ago the Ayuntamiento did concrete a section of the main track as it was a longish slope. Not steep but slippery in the wet. Maybe I'll bite the bullet and ask.

As an afterthought, the original house is old and was reformed by the previous owners. Whilst I could envisage them concreteing the top part I don't see them doing the lower part, or the Spanish family, so maybe, just maybe....

[chrissiehope]

There are at least two concrete sections on our track, where the track crosses rain drain gullies - there is a large cncrete 'tube' for water to run under the track, and a layer of concrete on top where the water runs over the track (a ford).

These have been repaired since we bought our house (had to drive thro the olive grove to get in & out ) and we were never asked for money, so I assume it was the Town Hall that did it - they certainly grade the track at last once a year....

Our friends (same Town Hall, different track) have an even bigger concrete bridge that collapsed under the heavy rains a couple of years ago. It took a while, but the Town Hall did repair & reinforce this bridge

[oliveview01]

Interesting replies...... Our track is concreted as it comes off the main road for a few feet, then it is a dirt track, with stones and the odd brick in the holes! When it rained heavily last winter we had damage caused by water running along the track. A neighbour did repairs, all the house owners paid 25€. One neighbour refused to pay, he said he only had a sin carnet car, so didn't cause wear and tear to track! His father paid up instead.
This year another neighbour got 2 quotes for repairs, 7,500€ and 9,500€ both plus VIVA. This is just for 200meters of the track.
We have been told. By neighbours it is a public track, so surely the town hall should sort it out? Or at least help repair it!

[olive]

When we bought our house, the vendor said the contributions had been paid by everyone to have the campo road repaired. Nothing happened , the n one day by chance a neighbour said they are waiting for your patment and then the track can be repaired. 600 euros. No paperwork but did get a receipt from the Caja rural that took everyones payments. For that the road was widened in places, resurfaced and the steep parts had reinforced concrete laid on them.None householders i.e. folk with fincas paid less.

A few years on and it has already needed repairs mostly due to poor design and execution.

I am expecting to have to contribute again!

The concrete dips in the road that allow flood water across are called banos around here.

Do you have a local representative alcalde or similar who reports to your area mayor? They should know the score and make representations on your behalf.

[Campo Steve]

Don't think we have an alcade, or if there is I don't know who it is.

We do have an English councillor at the Ayuntamiento so I will contact him to find out the situation.

[annfoto]

The Ayuntamiento are under no obligation to maintain rights of way anymore than the town councils in the UK are.
We always have a whip round every year, several actually depending on which section of track it is.
The only concession we got from the ayuntamiento was to get them to agree to maintain our bridge that was built 12 years ago with funds raised by los vecinos.

[hillybilly]

After doing annual battle with an ayuntamiento for 3 years over an unmade camino rural I gave up. At first they humoured me (we actually exchanged several emails and I got to see a real person...once), said they had no money but would be happy to grant me a licence to carry out repairs (at my own cost), which they and I did. The following year, they told me they'd made a mistake (well, not in so many words) and that they didn't actually own the track after all - it was the Junta de Andalucia Medio Ambiente's department and responsibility. Trying to get any form of response from them (even in the negative) was like trying to get blood out of the proverbial. As I say, I gave up.

[peteroldracer]

Don't think we have an alcade, or if there is I don't know who it is.
We do have an English councillor at the Ayuntamiento so I will contact him to find out the situation.

Are you in Comares or Benamargosa? If the former, I am amazed that you don't know Manolo - Manuel Robles Robles, as he has been mayor for yonks (even during the time he was in prison and his brother ran the town). Dennis may help.

[Campo Steve]

Houses in both but spend most of the time at Comares campo house, Peter. No more than 5 minutes from you, I believe. Although we have been in this house for 3 years we rarely go up to Comares itself so never met Manolo. Heard about him, of course.

Dennis is going to bring it to the attention of the Ayuntamiento tomorrow and a possible visit to check it out with the deputy mayor.

[Jool]

This comment just sums up the wild West type mentality of Andalucia

he has been mayor for yonks (even during the time he was in prison and his brother ran the town

[Campo Steve]

Update....The Ayuntamiento have added it to the list of tracks requiring repair and will be attended to. No mention of when it will happen. Guess it will be when the money becomes available.

[peteroldracer]

Guess it will be when the money becomes available.

Just after the Axarquian Pig-flying championships then.

[Campo Steve]

Guess it will be when the money becomes available.

Just after the Axarquian Pig-flying championships then.

I have every confidence that ............. the pigs will win!