Who owns the entrance area?

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Hirsty
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Who owns the entrance area?

Postby Hirsty » Fri Mar 15, 2019 9:25 pm

Hi Ten years ago we bought two village properties and renovated them to make one house. All legal, permissions etc. The houses (now house) are in an area accessed off the main street through an archway. During the reform we took down an old mule shed and repaved this area and have have kept it nice. I decided recently that I wanted to change the configuration of the steps up to the house and put in a new front door where there was a window. We started the job as we wanted it done quickly but because there were bricks etc outside the Ayuntamiento told us to stop and fill in a permission from.....fair enough, they need the tax. The technico came down to have a look and a couple of weeks later I popped in to see if we could get going on finishing the job. I was told by the technico and the Secretary that it was complicated, we had stretched out too far into the public road with the new steps, no road I told them, just the courtyard shared with the two houses which are now one. They said the would meet with the mayor the next day. I called in again and was asked to take my escrituras. The upshot being they don't know who owns the courtyard!. On the catastral map it's public but the Secretary said that's not a legal document. Neither escritura states the Ayuntamiento own the 'linda' they just discuss the houses at the side and behind us. I have to go again next week to see what's next. From what I can gather if they decide it's my land I can carry on but if they decide it's theirs - publico, I will have to put it back as it was...which will be an expensive pain! In the ten years we have been here no-one has come into the courtyard and used it as a public space, the Ayut. have never maintained it The new steps are not blocking access. Any advice welcome..........
If I knew where I was going I'd be lost.......

Manchesteral
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Re: Who owns the entrance area?

Postby Manchesteral » Sat Mar 16, 2019 9:25 am

Who owns the area housing the archway ?

Hirsty
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Re: Who owns the entrance area?

Postby Hirsty » Sat Mar 16, 2019 10:21 am

No idea! My thinking is that the two houses were originally one with courtyard and gated archway. When we renovated all the internal.walls are 50cm thick except the walks connecting the two houses..just cane and yeso partician...at least 100yrs old. ......
Last edited by Hirsty on Sat Mar 16, 2019 11:03 am, edited 1 time in total.
If I knew where I was going I'd be lost.......

Hirsty
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Re: Who owns the entrance area?

Postby Hirsty » Sat Mar 16, 2019 10:23 am

The archway could be my saving grace!
If I knew where I was going I'd be lost.......

Gasman
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Re: Who owns the entrance area?

Postby Gasman » Sat Mar 16, 2019 4:41 pm

When you completed the renovation, putting the two houses together as one, did you get a licencia de occupacion and/or fin de obras certification - that would include plans of the property, and should have included (researched by the architect?) the floor plan, presumably from the archway, and thus should show the courtyard as part of the property ... ?
As a last gasp, if they decide it is publico (as per, apparently the catastro), perhaps you could offer to buy it off them for a nominal 1.00 euro and take it off their hands ?

Hirsty
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Re: Who owns the entrance area?

Postby Hirsty » Sat Mar 16, 2019 6:55 pm

Thanks... Yes we have all the docs (68pages)but they only include the plan of the house? It didn't occur to me at the time as we were reforming the house..not touching the courtyard. Yes..it has crossed my mind to offer to buy it if it comes down to it. the Secretary said quite clearly the catastral is often wrong nd is not a legal document ' As is often the way here the Ayun. are out of their depth so will hopefully roll over! If they can't prove they own it then my argument "is it is as it is"
If I knew where I was going I'd be lost.......

Manchesteral
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Re: Who owns the entrance area?

Postby Manchesteral » Sat Mar 16, 2019 7:24 pm

Hirsty wrote:The archway could be my saving grace!

If I was in your position I would forget about your official applications, put up a flimsy door in the archway and see what happens, you have said that no member of the public has ever tried to enter, eventually this will be forgotten and you can do whatever you like, just a thought !

Hirsty
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Re: Who owns the entrance area?

Postby Hirsty » Sat Mar 16, 2019 11:11 pm

Tempting but the Ayut. are on my case as they saw us start the work lol!
If I knew where I was going I'd be lost.......


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