On 14 March 2002, Francesc Sabaté Vidal, lawyer for the Planas del Rey Urban Development Conservation Entity (EUCC), sent a fax to the entity’s governing board.
In it, he states that, following the steps taken with the Land Registry and the Falset Court, the common areas had now been definitively registered in the name of Pratdip Town Council.
This information came only a few months after the Falset Court order of 29 October 2001, which had substituted for Francisco Lebasque’s declaration of intent and allowed the formalisation of the transfer of the assets to the municipality to continue.
Registration with the Land Registry is confirmed
In his letter, Francesc Sabaté explains that he had been in contact with the registrar at the Falset Land Registry.
The registrar had requested a more precise description of the property concerned. Once that clarification had been obtained from the Falset Court, the lawyer indicates that the process could be completed.
He then states that the common areas had been definitively registered in the name of Pratdip Town Council.
He also notes that he is enclosing a copy of the Land Registry’s qualification note.
A separate step from the administrative takeover of the development
This fax is an important document in the legal chronology of Planas del Rey because it confirms that registration of the common areas in the municipality’s name had been completed.
However, this Land Registry entry must be distinguished from the administrative takeover of the development as a whole and of its infrastructure.
The document of 14 March 2002 confirms the registered ownership of the common areas concerned, but it does not, by itself, establish that all obligations relating to the maintenance or public services of Planas del Rey automatically passed to the Town Council on that date.
A proposed usufruct agreement with the EUCC
The fax also contains another important piece of information.
Francesc Sabaté states that, earlier that same morning, he had sent the Consell Comarcal a draft agreement between Pratdip Town Council and the EUCC.
The proposal provided for the common areas, now registered in the name of the Town Council, to be granted to the EUCC in usufruct.
This initiative anticipates the agreement that appears in later documents from 2002 and shows that, once the common areas had been registered in the municipality’s name, the question of how they were to be managed still had to be organised.
A further stage in the chronology of the transfers
The sequence of events is therefore becoming increasingly clear.
In 1993, Francisco Lebasque had been ordered by the court to formalise the transfer of several assets. In 1996, the Generalitat had told the EUCC that it needed to return to court to seek enforcement of that judgment. In October 2001, the Falset Court deemed the developer’s declaration of intent to have been made. Finally, in March 2002, the EUCC’s lawyer confirmed that the common areas had been registered in the name of Pratdip Town Council.
This registration therefore represents an important step in the legal formalisation of transfers that had begun many years earlier.
Jim – La Tribune de Planas
Translation of the original letter
TO: Governing Board of Planas
FROM: Francesc Sabaté Vidal – Lawyer
COMMENTS:
Following a conversation with the registrar at the Falset Land Registry, and after obtaining from the Falset Court the precise description of the property requested by the registrar, I am writing to inform you that the common areas have now been definitively registered in the name of Pratdip Town Council.
I enclose a copy of the Land Registry’s qualification note.
In addition, earlier this morning I sent the Consell Comarcal a proposed draft agreement between the Town Council and the Entity (EUC), so that these common areas may be granted to us in usufruct.
Yours sincerely,
F. Sabaté
