03-05-2008, 08:56 AM
I have read with interest the following article which appears in CANALREUS ONLINE:
QUOTE
We have received a significant number of inquiries from inhabitants of Santa Margarida who are concerning of the rumour that public access must be added between the canals and the houses alongside the canals. That would have major consequences to owners of houses with moorings at the canal if they lost ownership of 6 Metres of land. We are currently unable to sort out the reality from the fiction. In theory, the problem is based upon the law of the coasts “ley of costas” which goes back to 1988 and whether it also applies to channels/canals and rivers. This law said inter alia, that between the sea and private property a public access corridor must be made available to the public. The law has resulted in many places with the creation of the round ways (cami de ronda) paths along the coast. Residents and visitors, alike, enjoy the opportunity to walk along the coast. However, the interpretation has given much less delight to the owners of real estate directly at the first line of sea. Interpreting even more broadly to include the channels of Marinas such as Santa Margarida or Empuriabrava is not comparable and upsets the balance between public interest and private ownership. The Marinas would thus undoubtedly lose their value and such a decision by the administration is not obviously in anyone’s best interest. It is quite obvious that that would cause many to flee our area, such as the tourists who regularly spend a lot of money in Catalonia. One should not forget either that the owners of the properties at the channel paid for all of the ground, and that for the majority, their property deed specifically mentions: “villa (or flat) with mooring.” However, we can certify that last weekend, a boat with two individuals travelled into the Ponent channel, close to Estella. They disembarked on several private quays, without the owner’s permission, and measured off 6 metres starting from the edge of the channel and placed reference marks on the private terraces. It should be noted that some properties would have this line run right through the swimming pool. Here are two photographs taken this Tuesday April 1 where you can clearly sees the red marks which would delimit the grounds of the residents, while cutting through private terraces and pools. It is obvious that one should not panic, but one should not ignore the threat and fail to react. Two years ago an association of residents of the “canales Sta Margarida” (http://www.stamargarita.net/ ) had been organized. The Spanish representative was, until last year, a member of the opposition in the town hall of Roses. Now, since the last elections, he is in the majority party. A petition is already being circulated, but it is important for everyone to sign to have maximum impact. The town hall believes that it had got rid of this problem by entrusting the management of the channels to the company “Port de Roses.”
Thus people of this company will enter without authorisation onto properties that border the channels. Though it occurs, there should be recourse, thousands of people are concerned, and for such an important problem it will be necessary to have a coordinated response, with legal support, to defend the property rights and to prevent such an arbitrary loss of property from the property owners, citizens from all over Europe, who believed that they invested their money for clear title to their property. A briefing is organised for 8 May (10 h 00, av. de la Bocana, 1 and 2), however few owners were informed. This may be the plan, to have few attend and thus to indicate little interest in this dangerous development.
UNQUOTE
As we are interested in the purchase of a townhouse with mooring at EMPURIABRAVA we would like to know the feelings of local people in a similar situation. Are people going to attend this meeting on May the 8th? It would be important to show the authorities a united front against any possible moves in that area. The value and enjoyment of properties will suffer. Any views?
QUOTE
We have received a significant number of inquiries from inhabitants of Santa Margarida who are concerning of the rumour that public access must be added between the canals and the houses alongside the canals. That would have major consequences to owners of houses with moorings at the canal if they lost ownership of 6 Metres of land. We are currently unable to sort out the reality from the fiction. In theory, the problem is based upon the law of the coasts “ley of costas” which goes back to 1988 and whether it also applies to channels/canals and rivers. This law said inter alia, that between the sea and private property a public access corridor must be made available to the public. The law has resulted in many places with the creation of the round ways (cami de ronda) paths along the coast. Residents and visitors, alike, enjoy the opportunity to walk along the coast. However, the interpretation has given much less delight to the owners of real estate directly at the first line of sea. Interpreting even more broadly to include the channels of Marinas such as Santa Margarida or Empuriabrava is not comparable and upsets the balance between public interest and private ownership. The Marinas would thus undoubtedly lose their value and such a decision by the administration is not obviously in anyone’s best interest. It is quite obvious that that would cause many to flee our area, such as the tourists who regularly spend a lot of money in Catalonia. One should not forget either that the owners of the properties at the channel paid for all of the ground, and that for the majority, their property deed specifically mentions: “villa (or flat) with mooring.” However, we can certify that last weekend, a boat with two individuals travelled into the Ponent channel, close to Estella. They disembarked on several private quays, without the owner’s permission, and measured off 6 metres starting from the edge of the channel and placed reference marks on the private terraces. It should be noted that some properties would have this line run right through the swimming pool. Here are two photographs taken this Tuesday April 1 where you can clearly sees the red marks which would delimit the grounds of the residents, while cutting through private terraces and pools. It is obvious that one should not panic, but one should not ignore the threat and fail to react. Two years ago an association of residents of the “canales Sta Margarida” (http://www.stamargarita.net/ ) had been organized. The Spanish representative was, until last year, a member of the opposition in the town hall of Roses. Now, since the last elections, he is in the majority party. A petition is already being circulated, but it is important for everyone to sign to have maximum impact. The town hall believes that it had got rid of this problem by entrusting the management of the channels to the company “Port de Roses.”
Thus people of this company will enter without authorisation onto properties that border the channels. Though it occurs, there should be recourse, thousands of people are concerned, and for such an important problem it will be necessary to have a coordinated response, with legal support, to defend the property rights and to prevent such an arbitrary loss of property from the property owners, citizens from all over Europe, who believed that they invested their money for clear title to their property. A briefing is organised for 8 May (10 h 00, av. de la Bocana, 1 and 2), however few owners were informed. This may be the plan, to have few attend and thus to indicate little interest in this dangerous development.
UNQUOTE
As we are interested in the purchase of a townhouse with mooring at EMPURIABRAVA we would like to know the feelings of local people in a similar situation. Are people going to attend this meeting on May the 8th? It would be important to show the authorities a united front against any possible moves in that area. The value and enjoyment of properties will suffer. Any views?