# Land Grabbing - Still an issue?



## BB1977 (Jun 4, 2013)

Hi everybody,

We're still very much heavily involved in the research part of being able to move to Spain and finding out all we need to know about, education for kids, taxes, health care, etc etc. So much to learn!!

Anyway my first of probably a few questions over the coming months is about the land grab situation - particularly in the Alicante province of Valencia and also in Murcia. I've trawled the web and most of the scaremongering seems to date from a few years ago. I believe the law was amended back in 2006, but there is still a possibility that land could be "grabbed" by developers if they wanted it.

We are wanting a house in the country with a little land so wouldn't want to fall into such a trap. When we buy a house obviously we would ensure we get thorough independent legal advice and searches would be carried out on the property and its land. 

Just wondering is there anything we should watch for or be aware of? Or any general advice and information would be welcome.

Sorry about the garbled first post, I hope it makes sense!


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## Stravinsky (Aug 12, 2007)

There is always the possibility of land grab, but having said that I havent heard of an issue of land being grabbed for years now.

It's always been contested by the EU, and Spain were fined for it in the past. Its an instance of Spain disregarding EU Law.

THIS was the last one that hit the news, and after it was all over I believe they were paid compensation. I dont think any amount of money could compensate them for what happened however.

If you buy on an established urbanisation or area you have more of a chance really, but having said that, theres not a lot of land being developed now after the "crisis"


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## mrypg9 (Apr 26, 2008)

That case was more than a simple 'land grab', though, like most of similar cases. The fact was that although the local Council gave permission to build, it shouldn't have done as the regional government had designated it as 'rustica'. The unfortunate Priors were the filling in the sandwich. The compensation was awarded not for the demolition but for lack of due process in informing of the pending demolition.

There are hundreds if not thousands of illegal dwellings around the Estepona area, permissions having been granted by a former Mayor now on bail awaiting trial on corruption charges. The Ayto. is now in the process of legalising those that can be made legal although that doesn't solve problems of water and electricity connections.


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## Stravinsky (Aug 12, 2007)

mrypg9 said:


> That case was more than a simple 'land grab', though, like most of similar cases. The fact was that although the local Council gave permission to build, it shouldn't have done as the regional government had designated it as 'rustica'. The unfortunate Priors were the filling in the sandwich. The compensation was awarded not for the demolition but for lack of due process in informing of the pending demolition.
> 
> There are hundreds if not thousands of illegal dwellings around the Estepona area, permissions having been granted by a former Mayor now on bail awaiting trial on corruption charges. The Ayto. is now in the process of legalising those that can be made legal although that doesn't solve problems of water and electricity connections.


Yes it was Mary, but it was the last big publicised thing that happened.
I havent hear of anything since, although it may well have happened

This all started with the town halls giving developers the go ahead to take land for low cost housing, but the developers simply changed it to hotels or whatever they felt like. I'm guessing that the total down turn in the property building market has lead to less need for it ..... but who knows, it might rear its ugly head again one day


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## davexf (Jan 26, 2009)

Hi

In England it is called "a compulsory purchase order". Yes there may be a public enquiry, but the result is still the same in the end - STRESS for anyone involved. 

Davexf


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## Pesky Wesky (May 10, 2009)

Stravinsky said:


> Yes it was Mary, but it was the last big publicised thing that happened.
> I havent hear of anything since, although it may well have happened
> 
> This all started with the town halls giving developers the go ahead to take land for low cost housing, but the developers simply changed it to hotels or whatever they felt like. I'm guessing that the total down turn in the property building market has lead to less need for it ..... but who knows, it might rear its ugly head again one day


Actually there are cases of illegal structures faced with demolition still going on in Cantabria, near Noja, but I'm not sure where exactly, nor what the situation is. Maybe elenetxu knows.


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## Pesky Wesky (May 10, 2009)

davexf said:


> Hi
> 
> In England it is called "a compulsory purchase order". Yes there may be a public enquiry, but the result is still the same in the end - STRESS for anyone involved.
> 
> Davexf


I think what being referred to here is not so much "compulsory purchase order" as compulsory demolition order due to building illegally, too near to the coast for example or on land classified as rural/ non urban


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## gus-lopez (Jan 4, 2010)

davexf said:


> Hi
> 
> In England it is called "a compulsory purchase order". Yes there may be a public enquiry, but the result is still the same in the end - STRESS for anyone involved.
> 
> Davexf


Yes , but in the UK you get compensation at the going rate. Here, you have to give up the land & contribute 10's , if not, 00's of thousands as your share of the urbanisation costs.


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## Stravinsky (Aug 12, 2007)

Let me get this straight, it isn't / wasn't specifically a case of compulsory purchase / demolition / illegal builds

People have had service roads cut through the bottom of their gardens (sometimes through half of their houses) and then been charged for the infrastructure costs and not been paid for the loss of land.

Nearby a few years ago, a guy came to stay in his holiday villa up past Gata De Gorgos and found that half of it had disappeared because the council had built a new roundabout, and his villa was in the way. He got no compensation, nor apology. It just happened.

Thats the kind of thing that happens, it's not a "Priors" situation or illegal build situation, it applies to any building


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## mrypg9 (Apr 26, 2008)

davexf said:


> Hi
> 
> In England it is called "a compulsory purchase order". Yes there may be a public enquiry, but the result is still the same in the end - STRESS for anyone involved.
> 
> Davexf


No, CPOs are very different to what has happened in Spain.

The problem here is that one lower level of local government has given permission for something which is contrary to the agreed policy of a higher level of local government.

That could never happen in the UK because District Council Planning Committees must work within guidelines as set in County Council Structure Plans and also because all planning decisions are in the public domain.


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## Lauranicola (Jun 29, 2013)

Hi there, so if you buy a piece of land in spain do the local authorities have the right to build a road
through it or similar?
Is it just in certain areas they can do this or certain types of land?


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## Stravinsky (Aug 12, 2007)

Lauranicola said:


> Hi there, so if you buy a piece of land in spain do the local authorities have the right to build a road
> through it or similar?
> Is it just in certain areas they can do this or certain types of land?


Everything is possible in Spain. If you have a piece of land, and the authorities decide they want to build a road through it ... then they will. Logic tells you though its only going to happen where there is a need, so if you have land in front of an Urb for instance that has bad access, then clearly you run more of a risk. If you are in the middle of nowhere then you run much less risk


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