Following the agreement of the Comissió d’Urbanisme de Tarragona dated July 23, 1986 and the municipal notification of August 25, 1986, the Community of Owners of Les Planes del Rei officially responds to the Pratdip Town Hall regarding the free transfers of roads and public facilities of the Planas del Rey (Planes del Rei) development.
1) Nature of the document
- Official response from the Community of Owners to the Town Hall.
- Signed by: Vicente García Montguió, vice president.
- Subject: in response to the notification of 08/25/1986 requiring the formalization of the transfers.
2) Administrative context
- 07/23/1986: the Comissió d’Urbanisme required the transfers to be made within three months.
- 08/25/1986: the Town Hall formally notified the Community.
- 11/20/1986: the Community replied with the present letter.
3) Content of the response (11/20/1986)
- Acknowledges the agreement of 07/23/1986 and the obligation to formalize the transfers.
- Position: the Community is not the owner of the land to be transferred.
- Indicates that the land is registered under the name of Francisca (sic) / Francisco Lebasque, in suspensión de pagos (suspension of payments).
- Conclusion: the transfers must be carried out by the legal owner (Lebasque), not by the Community.
4) Scope and evidentiary value
- Explicit acknowledgment by the Community of the absence of ownership title.
- Official blockage of the transfer procedure within the required three-month period.
- The 1986 failure was mainly due to the bankruptcy of the developer, and not to a refusal by the co-owners.
5) Key points
- Letter of November 20, 1986: key document establishing the impossibility of transferring “what one does not own.”
- Responsibility for the transfer: F. Lebasque, as the still-registered owner.
- Fundamental document for tracing the origin of the delays in the municipal integration of the development.
