Tuesday, September 30, 2003
MEETING WITH THE AMBASSADOR
As many of you already know there was a meeting in Benissa last Tuesday between a few home/land owners and the Ambassador Mr S Wright.
The following is a copy of the letter I sent to the Ambassador following that meeting. Jan.
-------------------------------------
Dear Mr Wright.
At the meeting yesterday it was heartening to learn that you are taking an interest in the plight of the Valencian homeowners. It was disappointing that there was insufficient time available to actually discuss the problems in further detail, hence this letter to you.
The home/land owners are desperate, some more than others dependent upon the level of their personal LRAU problems and the financial situation of the property owners.
You mentioned that more legal actions should be instigated. For many families their way of fighting the law can be to engage a solicitor and pick up the telephone regularly. For a vast majority of home owners they are financially unable to afford legal help. In most cases this legal assistance costs more than just paying the developers so it is purely a fight for justice which only the few can afford. In my case, apart from being unable to afford legal assistance, nothing is yet finalised. All I know is that my home is within a proposed development area, my property being within a dotted line on a Council map. I awake every morning wondering if this is the day that the letter will arrive with the final plans having been put in place, and when I receive the bill for infrastructure costs and advice of the amount of land I must hand over. It is a living nightmare and I am beginning to realise that the laws will not be changed in time to save my home. Many friends are advising I should sell my home now and think of ´No.1´ with no conscience about who purchases the property and inherits the problem. Although I am aware of the law which would still make me liable for the costs if presented within one year of my leaving so, despite having chosen this area as my heaven on earth, where I wish to remain and which is the inheritance for my children, I would have to be long gone and far away to avoid being found.
During your talk you mentioned Estate Agents and how the land problems are affecting them. One point is that many of the agents are actually selling the properties on the new urbanizations, they are therefore quite happy about the situation. On behalf of the AUN, I recently wrote to over 200 agencies asking their views on LRAU. Approximately 15 replied saying they thought the law should be amended, one answered that it is a good law. The remainder did not reply despite four letters being sent to them. There are also many unscrupulous agents still taking on the affected homes for resale and selling without warning the buyers of the problems, they get around this by offering their own legal services of solicitors in cahoots with them (as in the case of a family local to myself and they are taking further legal action against the agents). Another near neighbour asked an estate agent to call with a view to selling his property. The agent gave a low valuation to take into account the land problems. Then, when the owner´s son called at the agents posing as a buyer and asking to see properties in this area, he was told of his father´s property but given a price one-third higher and not told of the land problems – this would suggest that the agents are themselves buying the property at a low rate in order to sell at market value. It would therefore appear that the estate agencies are not yet suffering to a degree which would help our cause.
I appreciate your answer to my (fumbled) question regarding other Ambassadors and their views on the land problems. I fully realised that problem solving starts at the bottom and works upwards, however for the British our plight is known at ´the top´ , with many MEPs assisting, the Foreign Office aware of the problem, yourself and your office helping in the fight. With more time, I would have asked if it is possible for you to personally add the LRAU land law problems to an agenda for a forthcoming Ambassador meeting, which you informed me was monthly. Other Ambassadors have, I know, been sent communications from Valencian homeowners.
The problems I have encountered from letter writing, is that one letter sent which is received in a full mail bag is rarely seen by someone other than the secretary. It needs a bombardment of letters for notice to be taken, for the communications to be taken seriously and passed on for further consideration. I am sure if the problem was raised between the Ambassadors and if they returned to their offices and enquired of their staff, they would find out that many Valencian homeowners have in fact contacted them. There is also the fact that many people, normal everyday families, are not in the habit of writing, would not know how to formulate a letter and feel intimidated by communicating with a person in authority or from a higher social level.
A similar problem has occurred with media coverage. The British are extremely fortunate that various newspapers, magazines, television companies and radio programmes have and are continuing to cover the land grab story. The problem is only rarely mentioned in the Spanish press and the Spanish are not known for being great readers of newspapers. For other Europeans, many German and Dutch families I know (I do not know about other countries) have written to the media of their homelands – with no replies, no follow-up and no coverage. Having no coverage in other European countries is not for the want of trying. As you are fully aware the problems are so far ranging from street widening, land theft through to families losing all their property for a pittance under compulsory purchase. Although all come under the same heading of LRAU the range of problems makes it a difficult fight. The land problem is all so unbelievable that many recipients consider that the letters have been sent by a crank and communications are therefore discarded.
Apart from the developers and councils, the only people making any profit out of this horrendous problem are the lawyers and the pharmaceutical companies for the amount of anti-depressants being prescribed – my own doctor says she has numerous cases of patients with stress related problems due to the land grab, and how can the problem be solved?
How can the problem be solved, what can be done? That is a question you asked the people at the meeting. You asked those present, and those thirty people represented hundreds of thousands of people affected by the law, what can be done? You suggested more legal actions, I covered that at the beginning of this letter. You mentioned media coverage, also mentioned. We do not know of anything that is not already being done, yet still the law remains, it is still abused by the councils and developers, and each day more and more families are affected.
When we met, I did warn you that I am a ´pain´ , I was no doubt a nuisance to your predecessor and you have already heard from me several time since you took over the job as Ambassador. However, before signing off I would like to thank you for your time yesterday in meeting with us and your encouragement in our fight.
Yours sincerely
As many of you already know there was a meeting in Benissa last Tuesday between a few home/land owners and the Ambassador Mr S Wright.
The following is a copy of the letter I sent to the Ambassador following that meeting. Jan.
-------------------------------------
Dear Mr Wright.
At the meeting yesterday it was heartening to learn that you are taking an interest in the plight of the Valencian homeowners. It was disappointing that there was insufficient time available to actually discuss the problems in further detail, hence this letter to you.
The home/land owners are desperate, some more than others dependent upon the level of their personal LRAU problems and the financial situation of the property owners.
You mentioned that more legal actions should be instigated. For many families their way of fighting the law can be to engage a solicitor and pick up the telephone regularly. For a vast majority of home owners they are financially unable to afford legal help. In most cases this legal assistance costs more than just paying the developers so it is purely a fight for justice which only the few can afford. In my case, apart from being unable to afford legal assistance, nothing is yet finalised. All I know is that my home is within a proposed development area, my property being within a dotted line on a Council map. I awake every morning wondering if this is the day that the letter will arrive with the final plans having been put in place, and when I receive the bill for infrastructure costs and advice of the amount of land I must hand over. It is a living nightmare and I am beginning to realise that the laws will not be changed in time to save my home. Many friends are advising I should sell my home now and think of ´No.1´ with no conscience about who purchases the property and inherits the problem. Although I am aware of the law which would still make me liable for the costs if presented within one year of my leaving so, despite having chosen this area as my heaven on earth, where I wish to remain and which is the inheritance for my children, I would have to be long gone and far away to avoid being found.
During your talk you mentioned Estate Agents and how the land problems are affecting them. One point is that many of the agents are actually selling the properties on the new urbanizations, they are therefore quite happy about the situation. On behalf of the AUN, I recently wrote to over 200 agencies asking their views on LRAU. Approximately 15 replied saying they thought the law should be amended, one answered that it is a good law. The remainder did not reply despite four letters being sent to them. There are also many unscrupulous agents still taking on the affected homes for resale and selling without warning the buyers of the problems, they get around this by offering their own legal services of solicitors in cahoots with them (as in the case of a family local to myself and they are taking further legal action against the agents). Another near neighbour asked an estate agent to call with a view to selling his property. The agent gave a low valuation to take into account the land problems. Then, when the owner´s son called at the agents posing as a buyer and asking to see properties in this area, he was told of his father´s property but given a price one-third higher and not told of the land problems – this would suggest that the agents are themselves buying the property at a low rate in order to sell at market value. It would therefore appear that the estate agencies are not yet suffering to a degree which would help our cause.
I appreciate your answer to my (fumbled) question regarding other Ambassadors and their views on the land problems. I fully realised that problem solving starts at the bottom and works upwards, however for the British our plight is known at ´the top´ , with many MEPs assisting, the Foreign Office aware of the problem, yourself and your office helping in the fight. With more time, I would have asked if it is possible for you to personally add the LRAU land law problems to an agenda for a forthcoming Ambassador meeting, which you informed me was monthly. Other Ambassadors have, I know, been sent communications from Valencian homeowners.
The problems I have encountered from letter writing, is that one letter sent which is received in a full mail bag is rarely seen by someone other than the secretary. It needs a bombardment of letters for notice to be taken, for the communications to be taken seriously and passed on for further consideration. I am sure if the problem was raised between the Ambassadors and if they returned to their offices and enquired of their staff, they would find out that many Valencian homeowners have in fact contacted them. There is also the fact that many people, normal everyday families, are not in the habit of writing, would not know how to formulate a letter and feel intimidated by communicating with a person in authority or from a higher social level.
A similar problem has occurred with media coverage. The British are extremely fortunate that various newspapers, magazines, television companies and radio programmes have and are continuing to cover the land grab story. The problem is only rarely mentioned in the Spanish press and the Spanish are not known for being great readers of newspapers. For other Europeans, many German and Dutch families I know (I do not know about other countries) have written to the media of their homelands – with no replies, no follow-up and no coverage. Having no coverage in other European countries is not for the want of trying. As you are fully aware the problems are so far ranging from street widening, land theft through to families losing all their property for a pittance under compulsory purchase. Although all come under the same heading of LRAU the range of problems makes it a difficult fight. The land problem is all so unbelievable that many recipients consider that the letters have been sent by a crank and communications are therefore discarded.
Apart from the developers and councils, the only people making any profit out of this horrendous problem are the lawyers and the pharmaceutical companies for the amount of anti-depressants being prescribed – my own doctor says she has numerous cases of patients with stress related problems due to the land grab, and how can the problem be solved?
How can the problem be solved, what can be done? That is a question you asked the people at the meeting. You asked those present, and those thirty people represented hundreds of thousands of people affected by the law, what can be done? You suggested more legal actions, I covered that at the beginning of this letter. You mentioned media coverage, also mentioned. We do not know of anything that is not already being done, yet still the law remains, it is still abused by the councils and developers, and each day more and more families are affected.
When we met, I did warn you that I am a ´pain´ , I was no doubt a nuisance to your predecessor and you have already heard from me several time since you took over the job as Ambassador. However, before signing off I would like to thank you for your time yesterday in meeting with us and your encouragement in our fight.
Yours sincerely
Sunday, September 28, 2003
It has become apparent while communicating with Abusos-No members that many have changed their e.mail address since joining. This has resulted in various items sent being returned undeliverd. If you have a new address, if you have become a computer owner since joining or have a neighbour who is willing to accept e.mails on your behalf, could you please contact abusosurbanisticos-no@wanadoo.es to advise of the new details. Thanks. Jan.
The following are questions sent to me during the past week.
Please note: any advice is just an informed opinion, and I accept no legal responsibility for any actions taken based on that advice. Jan.
From JM of Benissa
Q. What happens if a property owner downright refuses to pay the infrastructure bill or accept compulsory purchase?
A. It appears an embargo will be placed on the property – this means the property can no longer be sold or left as an inheritance.
From PR of Benissa
Q. Does the bill for infrastructure have to be paid immediately upon receipt?
A. Not recommended; Cases have been reported where the bill has been paid and that particular developer has left before building work commenced, hence another developer comes along and demands more money. From urbanizations already underway it would appear that the first demand is rarely the last as developers say that the work is costing more than anticipated. In one case the residents complained to the developers and council of the high amount being charged. Following an investigation the amount to be charged was doubled.
From PD of Calpe
Q. How do we know if we are to be urbanized and how are homeowners informed of when development will begin.
A. If you think your area may be under threat see the ´if affected´ section on the main Abusos-No web page which tells you which office you need to visit at your local Council and what paperwork is needed.
When final plans have been submitted and agreed it has been known for homeowners to find out by a notification left under a stone in the garden! Now we are in the computer age, despite the fact that not every home has one, the fact that the council has issued a bulletin on the website appears to be sufficient that advice has been given. It may be adviseable to check the Alicante Bulletin website frequently www.dip-alicante.es/bop
From SG of Benissa
Q. Is it possible to sue a solicitor who has not obtained or not been forthcoming with information where the purchase of property/land is earmarked under the LRAU?
A. No answer at present. I am seeking legal advice on this question !!
Please note: any advice is just an informed opinion, and I accept no legal responsibility for any actions taken based on that advice. Jan.
From JM of Benissa
Q. What happens if a property owner downright refuses to pay the infrastructure bill or accept compulsory purchase?
A. It appears an embargo will be placed on the property – this means the property can no longer be sold or left as an inheritance.
From PR of Benissa
Q. Does the bill for infrastructure have to be paid immediately upon receipt?
A. Not recommended; Cases have been reported where the bill has been paid and that particular developer has left before building work commenced, hence another developer comes along and demands more money. From urbanizations already underway it would appear that the first demand is rarely the last as developers say that the work is costing more than anticipated. In one case the residents complained to the developers and council of the high amount being charged. Following an investigation the amount to be charged was doubled.
From PD of Calpe
Q. How do we know if we are to be urbanized and how are homeowners informed of when development will begin.
A. If you think your area may be under threat see the ´if affected´ section on the main Abusos-No web page which tells you which office you need to visit at your local Council and what paperwork is needed.
When final plans have been submitted and agreed it has been known for homeowners to find out by a notification left under a stone in the garden! Now we are in the computer age, despite the fact that not every home has one, the fact that the council has issued a bulletin on the website appears to be sufficient that advice has been given. It may be adviseable to check the Alicante Bulletin website frequently www.dip-alicante.es/bop
From SG of Benissa
Q. Is it possible to sue a solicitor who has not obtained or not been forthcoming with information where the purchase of property/land is earmarked under the LRAU?
A. No answer at present. I am seeking legal advice on this question !!
I am back on line, computer not perfect but functioning well enough to communicate again. So if you have any questions you want answering, or any thoughts, ideas or just comments you want to share with others affected by the LRAU problems, let me know and I will pass them on through this ´blog´.
Jan.
Jan.
Tuesday, September 23, 2003
ABUSOS URBANISTICOS NO MEETS WITH BRITISH AMBASSADOR
The recently appointed British Ambassador to Spain, H. E. Stephen Wright, and Russell Thomson, the British Consul in Alicante will meet with Abusos Urbanisticos No today. British property owners who are affected by or concerned about the Valencian Land Laws have been invited to attend.
The recently appointed British Ambassador to Spain, H. E. Stephen Wright, and Russell Thomson, the British Consul in Alicante will meet with Abusos Urbanisticos No today. British property owners who are affected by or concerned about the Valencian Land Laws have been invited to attend.
Wednesday, September 17, 2003
COMPUTER PROBLEMS
Jan´s computer is showing signs of a breakdown and has been taken to a computer hospital for repair. The prognosis is unknown at this time, but Jan, Chuck and I hope for a swift intervention and a speedy recovery. Until further notice, anybody needing to communicate with her on urgent urbanistic matters can do so through Chuck or Lisa Svoboda at abusosurbanisticos-no@wanadoo.es
Lisa Svoboda
Jan´s computer is showing signs of a breakdown and has been taken to a computer hospital for repair. The prognosis is unknown at this time, but Jan, Chuck and I hope for a swift intervention and a speedy recovery. Until further notice, anybody needing to communicate with her on urgent urbanistic matters can do so through Chuck or Lisa Svoboda at abusosurbanisticos-no@wanadoo.es
Lisa Svoboda
Saturday, September 13, 2003
The following is a message from the Valencian Life Network.
All publicity helps our cause, so please contact the numbers given below with your personal stories/problems etc.
Film Company Seeks You
ANNOUNCEMENT
September Films is one of the largest independent production companies in
the UK, founded in 1982. They are currently producing a pilot programme for a
new long running series for the BBC about Brits buying holiday homes abroad.
The series will look at the processes involved and the different experiences
of dealing with everyone from builders through to plumbers through to estate
agents. We are interested in how to avoid problems and, if they arise, how
are they best resolved?
They would like to hear from anyone who would be interested in sharing their
holiday home experiences (past or present): from the dream buys to the
problem properties. If you have any words of advice for people wishing to
enter the Spanish property market, or words of caution for those already in
it, then we would love to hear from you.
Contact Ian on:
Tel: +44 (0)20 8563 9393;
Email: holidayhomes@septemberfilms.com
All publicity helps our cause, so please contact the numbers given below with your personal stories/problems etc.
Film Company Seeks You
ANNOUNCEMENT
September Films is one of the largest independent production companies in
the UK, founded in 1982. They are currently producing a pilot programme for a
new long running series for the BBC about Brits buying holiday homes abroad.
The series will look at the processes involved and the different experiences
of dealing with everyone from builders through to plumbers through to estate
agents. We are interested in how to avoid problems and, if they arise, how
are they best resolved?
They would like to hear from anyone who would be interested in sharing their
holiday home experiences (past or present): from the dream buys to the
problem properties. If you have any words of advice for people wishing to
enter the Spanish property market, or words of caution for those already in
it, then we would love to hear from you.
Contact Ian on:
Tel: +44 (0)20 8563 9393;
Email: holidayhomes@septemberfilms.com
Thursday, September 11, 2003
Hi everyone
Thanks for visiting this ´blog´ site.
I will personally be at the airport on Saturday 13th (collecting yet more visitors) but if at all possible I will be at the Salinas in Calpe at midday to support the demonstration regarding the proposed development in that area. We must make the authorities realise that the majority of people already living here (either permanently or holiday- home owners) do not want to see the coastline changed to total concrete, the environment must be protected plus our personal land and property should be respected, not taken from us or have to ´pay to stay´ in our own homes. I hope you will be able to attend the demonstration and (if I make it in time) I look forward to meeting you there.
Jan.
Thanks for visiting this ´blog´ site.
I will personally be at the airport on Saturday 13th (collecting yet more visitors) but if at all possible I will be at the Salinas in Calpe at midday to support the demonstration regarding the proposed development in that area. We must make the authorities realise that the majority of people already living here (either permanently or holiday- home owners) do not want to see the coastline changed to total concrete, the environment must be protected plus our personal land and property should be respected, not taken from us or have to ´pay to stay´ in our own homes. I hope you will be able to attend the demonstration and (if I make it in time) I look forward to meeting you there.
Jan.
