Sunday, September 28, 2003
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 !!
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