On March 14, 2002, lawyer Sabaté, counsel of the EUCC (Entitat Urbanística Col·laboradora de Conservacion), sent a fax confirming that the roads, green areas and common facilities of Planas del Rey (Planes del Rei) are now registered in the name of the Municipality of Pratdip in the Land Registry.
1) Nature of the document
- Type: legal fax signed by lawyer Sabaté.
- Recipient: representatives and property owners of the urbanization.
- Purpose: official information on the registration in the Land Registry of the common assets in the name of the Municipality.
2) Essential content
- Written confirmation that the acts of transfer have been executed and registered in favor of the Municipality of Pratdip.
- Reminder of the procedural context: ruling of 23/11/1993, order of 29/10/2001, informative note of 13/03/2002.
- Clarification that the lack of voluntary execution by the developer was replaced by the judicial decision (substitution of will).
3) Legal scope
- The municipal ownership of roads, green areas and facilities is acquired: the urbanization can no longer be described as “private” regarding these assets.
- The Municipality is obliged to manage these assets and provide the minimum public services.
- The municipal thesis of non-reception is contradicted by the registration in the Land Registry.
4) Consequences and implications
- Right of property owners to demand maintenance and the provision of services (water, lighting, roads, sanitation, waste collection).
- Probative basis to be attached to any petition to the Municipality, the Generalitat or the Síndic de Greuges.
- Complementary document to the judicial decisions of 1993, 2001 and to the note of 2002.
Keywords
- Registration in the Land Registry – Pratdip – 2002
- Mandatory and free transfer – Planas del Rey (Planes del Rei)
- Municipal reception – Minimum public services
