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Is Land Ownership in Spain Truly Freehold?
By Tom Clancy
March 2006

I was disturbed to read your report on land abuse when I am about to buy some suelo rustico in another region and close to the coast (always the most desirable overall development region). I have mixed feelings about the ultimate cause as opposed to responsibility for this situation. A country which is attractive owing to its lack of rat race high rise development has been targeted by opportunists to attract hundred of thousands of people to it by building these higher class slums. 

I travelled to Spain again in 2004 and saw these inappropriate, giant buildings scarring what was a once peaceful landscape. I saw a recent TV production on the building of a huge home in Malaga. Whilst it turned out to be quite stunning, on the way the architect was uncomplimentary about the local's attempts to have it painted their uniform colour

code. He, the Brit, was going to have his way and bulldozed onwards. He was a lightweight example of the arrogance that we bring with us as we "blend" facetiously and patronisingly into our new surrounding which is very often self deluding racism and class consciousness. We always know better than these paysans... Our neighbours may even "find us delightful" and we find them "charming”. We write books like "A Year in Provence" as thinly disguised indications of "what we have to put up-with" when dropping into someone else's culture through personal choice.

TV shows are produced showing embarrassing scenes, if one has any sensitivity... like self assured British chefs purported to be "experts" in some cuisine or another, along with their usually catty wives and horrid kids, cooking for the local village as though bringing the pancake to the Hottentots. Polite clapping is encouraged of the locals. Australian companies buy into wine production in France and elsewhere in Europe "to show the locals how to really make wine" We "Anglo Saxons" (a most inaccurate terminology I know) are a culture of an unfortunate essence of "our experience is the one to prevail" and this is the ugliness of the recent migrations into France and Spain and other parts of Europe in which the culture is regarded as quaint and intriguing but ultimately "third world". 

Thus we are loathed whilst we are welcome because of cash flow. We are also quite amusing as we restore their ruins. Sometimes we are simply nice people who are welcomed in one village and loathed in the next. As the impact bites home and locals start to see their way of life altering and they become less powerful and costs bases are escalating a more festering resistance starts. 

Though these "third world" characters are used to an element of obvious totalitarianism it was after all, THEIR totalitarianism and not something accompanied by a non military foreign invasion pulling financial howitzers and firing blasts of cash at the impoverished and having another rank of bankers catching the dislodged local cash as it rains down.

Ultimately all its eventual good and bad points emerge. At least you can kill the other military invaders whereas to do it to real

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property agents and developers is considered to be "not the go, old chap”. “Development" and immigration is the slippery equivalent of the Napoleonic war... some good emerges from a holocaust. Developers, and I have some experience in the area, are in my view a well insulated breed. They offer hedonism and opportunity which overcomes any sympathy for the local yokels. Consideration of the impact of our presence in other countries has never been an "Anglo Saxon" concern... "they ought to be pleased to have us here"!

Having said all that opportunists seek power and mayors and councillors are examples of it whatever their initial motivations.

These are privileged positions both in information gathering, being lobbied, having your ego rubbed and being presented with opportunity. 

It isn't difficult to have a mayor or a councillor show his importance through the impact of attracting Capital to his domain. Often these people's management heads are paid on the basis of "per capita" and support development and increases in population. "Western" developers know this and use the appropriate techniques.

Suggesting a mayor or councillor or local businessman of influence works to rezone land he partly owns, offering him or his siblings or wife a free or to avoid corruption charges a "cost price" unit on the "never never" or suggesting well in advance that person "might find it advantageous to buy some land in a particular area, even offering a piece of it at a bargain rate all of which even these purportedly parochial influentials quickly realise it will benefit him to be seen as "the smart one"... is an old old technique which rarely fails.

So in a way we are carrying our own crucifix to the Mt. of Spanish Olives... to mix biblical events. What we came to enjoy we are exterminating. In that process we are finding we can also suffer because of the four apocalyptical horsemen, now commercially astute, we bring with us. All that said the EEU system is one's only salvation because like the UK, all the people in the EEU want to do their own thing as much as possible whilst reaping the benefits.

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In the UK case it deplores the French influence and requires a privileged position and so is quite content to have a silent, voter, invasion of other EEU countries while it sits on the sidelines, partly committed. 

In other cases the country is simply resistant under its layers of EEU formal robes. France for example was to be fully sewered by 2000 conditional in its EEU entry commitments but the house I bought in 1999 had a "mincerateur" then and still has one! The local sewage hasn't made it that extra 2Kms!. 

Those above are some of the wheels within wheels affecting concepts like land grabs. These matters are not unrepresented by events abroad which can show the way to deal with things. It was in living memory that Australian Governments were required not just to compensate but to JUSTLY compensate people for land, but it took a lot of effort to have this done in the wonderful land of equality!... OZ... The usual concept is that the equivalent of the crown, the local state controller holds ultimate rights to the land, or it may be the emperor or despot.

To shift that entity into making a lesser profit through providing compensation is a well resisted exercise. You are facing it now. There are points not clearly enunciated in the article which do need to be not just "realised" but enunciated. One has to discover first who has the ultimate right to the land and work on them. There is no point in spending resources fighting a mayor who is only rezoning if the ultimate target is elsewhere. Taking land without justification or at worst, adequate compensation, is an undeniable  breach of human rights and perhaps of the theory of freehold land ownership but,... hey what human rights existed in Spain in 1938... or even later? 

Is land ownership in Spain truly freehold?... an important point.

Are land acquisition regulations for emergency purposes being misused in peacetime? An example is the Commonwealth bank in Australia resuming property on the basis of being "insulated because of its" commonwealth "status"... something my poor and desperate but extremely intelligent father realised was a load of "old cods" and won a case of eviction through it.

It is essential to learn the points of "limpeting" of land law in any environment, whether regulations are misused, inappropriate or non existent and to attack them. Sometimes public demonstrations and lobbying locals to see your point of view, build bridges , is a big step forward. "Winning the hearts and minds" is something not only a developer's domain...but the locals getting seemingly free benefits merely through disadvantaging the rich immigrant needs quite a powerful moral argument to overcome and one means is by a simultaneous  disadvantaging of some locals as well... enough disadvantage that the perverse "this would never have happened to me if they had not come here" cannot actually end up working against you. At the end of the day being popular additions to the community will be your greatest advantage. Even "third world" cultures understand loyalty and fair play.

In our self preening, introspective "Anglo Saxon" way we make films about the paysan thrust into power that becomes despotic and now as you can see, it is no laughing matter. 

Taking land for "open space" or "public use" doesn't mean it should not be compensated. developers on a larger scale can build that into their net costs and pass it on in one form or another. Smaller holders do not have that degree of communication and negotiation where the establishment will overlook one thing if  suitable excuse can be manufactured "we are giving you a park".

As a young man I was told by the local council in Australia I would have to donate land as a park ...I said "my place is surrounded by a thousand square miles of open space, bush land and parks ...go to blazes" and since then the blackmail of being compelled adding valuable land to the local register so as to be allowed to develop one's land is not so rigid. 

On the other hand when large scale developers make places for thousand to come to a small plot of land by vertical "strata" then I agree wholeheartedly that they must provide a great deal of recreational facility which does not encumber the other locals. 

I might add that in my desperation of my wife leaving me and the children when I was 26 I felt I had to sell out and move back to Sydney where "Mum" was. I later found that the local estate agent acting for me both lied to me on several aspects of its value and had his sister making low offers as "no one else seemed interested" in this magnificent acreage. He secretly  formed a company with a developer and bought my land for very little and then subdivided it (without public space)and thus made a great deal of money... over $100,000 profits in an era when that was today's $1 million. Today that land developed is worth about $3M. 

It later drove me to become an expert in property matters... in my country. I then had to become expert in France through  bad experiences through corrupt agents, predominantly English,  and corrupt Notaries in France and now I see Spain is a problem... and the causes are from the same root.

One has to question, if my land is being acquired against my will or worse "resumed without appropriate compensation including moving costs" then what are my undeniable rights, before the song and dance act starts. I see in your interesting article that the "moving costs" very conveniently bypassed by allowing you to keep some of the land!... land which is probably worth much less owing to the monstrosity built alongside it and the restrictions of development post development of the major part of the site. Perhaps one has to look at the right to demand total acquisition when acquisition occurs and to be at a rate which reflects the value of the land as development land.

If I am the victim of compulsory acquisition or resumption of my land should I be compelled to have any of that referred to as "public utility" in the assessment, I am after all, not a voluntary developer.

If an authority resumes my land for some purpose, demand that IT provide the open space from its own resources. Unfortunately because people are antagonistic towards unwanted immigration it seems perversely "just" to them that these rich immigrants lose something back to the general good.

If it appears that land belonging to absentee proprietors is significant in degree of resumption this might well be a very compelling point in the court even though it will be claimed, with some perverse reality, that these people are rarely here so the impact is minimised. 

That has to be counteracted with the essential theory of freehold ownership and the basis that just owning the land is a daily pleasure, a it would be, though perhaps a little less, or perhaps a little more, than were the person there on the land.

There is quite a distance between having the right to resume or compulsorily acquire land and using those powers and quite a distance perhaps between the latter and using them properly. People denied their rights are still people who are a part of "the common good" in whose name such actions occur.

So, putting all that together we have human forces at work. If the top regional bureaucracy is acting against the natural human rights then those rights must be contested and where possible, on advice,  that person advised that redress will be taken personally against him or her to achieve compensation. 

Only damages against the party personally will affect them otherwise at worst they "take responsibility" (which means admitting guilt but nothing happens)and resign thus insulating themselves and enjoying the profits... sometimes on going and perhaps joining the development company as a lobbyist. To know your arsenal you need to know what personal responsibility is associated with public positions and what redress in law you can make against them for compensation for their decisions and under what circumstances. 

Another method, slower but sometimes quite effective as long as the locals see benefits , is to stand as a body against the mayor and his associates in local elections on the platform but equally knowing what other things affect people and having plans to keep them happy elsewhere as well. After all, developers and real property agents are often found in local councils! 

Another method is to have the bureaucracy legally examined publicly as recently took place here at the Gold Coast in Queensland, albeit very averagely done in my view... and that was over development bribes etc!! 

You have tried this public scrutiny through a more distant form in which you hoped power would be exerted only to find that you were disappointed as the system is geared to NOT change and the EEU only has power where it has bureaucratic enthusiasm from the local scene and some real power to swiftly enforce its will or at least to hold up development until a resolution. The developer's hip pocket is where his ethics and morality are kept and what is tough for them to swallow will impact on the largesse offered to the bureaucracy.

I can write on but have things to do. Its 2am and I am tired and finding it difficult to organise my thoughts. If anyone is interested perhaps we can examine together the land system in Spain. In the meantime get individuals to lobby the EEU as well as groups.

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