On June 3, 2004, the Juzgado de Primera Instancia No. 5 of Reus (Substitute Judge Rosa María Lunar Martín) ruled in the case brought by the Entitat Urbanística de Conservació Les Planes del Rei (EUCC) against the registered owner (in default) and “any third party with an interest,” seeking the rectification of the Land Registry data relating to the plots of Planas del Rey (Planes del Rei).
1) Nature and purpose of the document
- Type: civil judgment (juicio ordinario) concerning registry rectification.
- Purpose: to clarify the description and ownership of plot 1169 and plot 1331 of the development.
- Parties: EUCC (plaintiff), registered owner (defendant declared in default) and any third party with an interest.
- Representation: Procurador Marcelo Cairo, Lawyer Francesc Sabaté.
2) Factual background
- Development promoted in the 1960s by Francis Lebasque, left unfinished (obligatory cessions not completed).
- Suspension of payments in 1968: persistence of registrations in the promoter’s name on common property (roads, green areas, facilities).
- Earlier intention of the promoter to cede to the Consistorio; inconsistencies in descriptions appeared during segregaciones (duplication of facilities in the records).
- The 2004 proceedings are part of the chain of regularization aimed at securing public ownership of the common property.
3) Issues decided by the court
- Accurate qualification and registry description of plot 1169 (allocation: roads and green areas; exclusion of sports facilities).
- Registration of plot 1331 (resulting from an earlier segregation) in the name of the Municipality of Pratdip as the plot of swimming pools and sports facilities.
4) Grounds and reasoning (summary)
- Burden of proof: recalled by the court (art. 1214 CC) — lies with the party claiming enforcement/rectification.
- Evidence submitted: the EUCC proved that the duplication of facilities came from a misdescription during subdivision operations; in reality, the facilities were only on one plot.
- Absence of opposition: the promoter did not appear and no third party contested; the evidence remained uncontested.
- Legal basis: rectification recognized under art. 605 of the Civil Code (public domain property) and the rules of the Ley Hipotecaria (LH) and the Reglamento Hipotecario (RH), justifying the adjustment of registrations to reflect the real allocation and ownership.
5) Decision (Fallo)
- Plot 1169: rectification of the description by removing any reference to swimming pools and tennis courts; maintenance of municipal ownership as roads and green areas.
- Plot 1331: registration in favor of the Municipality of Pratdip (plot corresponding to swimming pools and sports facilities).
- Costs: no order for costs (no express request).
6) Scope and consequences
- Securing public ownership: judicial confirmation that the common property (roads, green areas, swimming pools, sports facilities) belongs to the municipality.
- End of cadastral ambiguities: the duplication of descriptions is removed; the Land Registry must reflect the material reality and public allocation.
- Municipal obligations: clarified ownership reinforces the argument that the Municipality of Pratdip must provide maintenance and services for these properties.
7) Relation to other documents
- Urban planning agreement of August 9, 2002: the 2004 judgment is its judicial implementation — what had been “secured” by agreement is imposed by court decision.
- Previous case law chain (Falset 1993, executions 2001–2002): the decision is part of the continuity of regularization of the obligatory cessions in favor of the municipality.
8) Practical points of attention
- Verify, in the Land Registry, the effective update of descriptions and ownership (1169 = roads/green areas; 1331 = pool/facilities, both in the name of the municipality).
- Invoke, in case of dispute, the binding force of the judgment and the legal support (art. 605 CC, LH, RH).
- Use this decision to argue for the provision of municipal services in Planas del Rey.
