On March 13, 2002, the Juzgado de Primera Instancia e Instrucción No. 1 of Falset issued an informative note regarding the urbanization Planas del Rey (Planes del Rei).
This document follows the order of October 29, 2001 and specifies the scope of the enforcement of the ruling of November 23, 1993 concerning the transfer of common assets to the Municipality of Pratdip.
1) Nature of the document
- Type: informative note issued by the Court of Falset.
- Purpose: to clarify the procedure of ejecución de títulos judiciales initiated after the order of 29/10/2001.
- Scope: reminder of the obligations of free transfer of viales, green areas and facilities in favor of the municipality.
2) Clarifications provided by the court
- The declaration of intent of the developer is deemed issued by judicial decision when he fails to act voluntarily.
- The free transfer of common assets to the Municipality of Pratdip must be considered completed (formalization by deed and subsequent administrative steps).
- The enforcement procedure continues until the effective materialization of the transfers and the corresponding registrations.
3) Immediate legal consequences
- The municipality can no longer invoke the absence of reception to refuse the assumption of common assets.
- The municipal ownership of roads, green areas and facilities is legally acquired by substitution of will.
- Property owners may demand the provision of minimum public services: water, lighting, roads, sanitation, waste collection.
4) Practical use of the document
- To be attached to any petition to the municipality and the administrations (Generalitat, Síndic de Greuges).
- To be cited as a complement to the order of 29/10/2001 and the ruling of 23/11/1993.
- Central argument against the municipal thesis of non-reception or of a so-called “private urbanization.”
Keywords
- Ejecución de títulos judiciales – Falset – 2001-2002
- Mandatory and free transfer – Planas del Rey (Planes del Rei)
- Municipal reception – Minimum public services
