CAMPOSOL´s WOES & CURRENT COUNCIL APPROACH
This is the first article relating to the headed matter. It is the writer´s intention to follow up the article below with further articles relating to the current Council´s endeavours to impose additional costs onto to the Residents of Camposol. This and following Articles will specifically relate to the terms of our escrituras and other council manoeuvres.
What is an Escritura?
‘Escritura’ is a generic term. It is the Title deed to a property.
What is it used for?
A Title deed is a public document that certifies the change of legal ownership. Once the Notary signs it, it will then be used to lodge it at the land registry to change the ownership details and is, normally, used for no other purpose.
Who signs it?
The seller, the buyer, the lawyers involved, the translator and the Notary. The Council is not a co-signatory.
Can the Town Council Sign an Escritura?
Not in the case of Camposol. It is a private contract between seller and buyer for private property as against Council property. As stated the Council is not a co-signatory.
Can an Escritura place a burden on the Property Owner for Council Taxes, Levies or other Impositions?
Not normally. Escrituras are simple deeds of exchange of Property. It would be unusual for a builder to take any political stance when dealing with the exchange of property. Any such statement would need to be reduced in writing and in clear language into the escrituras leaving no doubt as to meaning and intent. “Clear language” means that there would be no room for “interpretation” as to the expressly written statement either as to “meaning or intent”.
Is the exchange of Property (witnessed by the Escritura) subject to National, Regional and Local Laws, Byelaws?
Naturally the property exchanged between the seller and buyer would be subject to the Laws in existence at the time the Escrituras were signed and notarised. In the case of Camposol there would need to be a special (Mazarron) Byelaw requiring the buyers to take responsibility for any imposition mentioned in any such Byelaw.
If, by any chance, an escritura did refer to any such special byelaw then the byelaw would need to be expressly written into the escritura mentioning the byelaw applicable. Lack of clear language leading to interpretation is simply not enough.
Can the Council impose Council Taxes, levies or other Impositions with reference to the escrituras?
Since the escritura is a private contract between seller and buyer then it would be unusual for the Council to endeavour to create a link between taxes (other than IBI – a National requirement) and the escritura. The council would simply refer to Byelaws in existence when the escrituras were signed and notarised. The buyer is deemed to be aware of all National, Regional and Local Laws, Byelaws. As such there is no need to reduce these into writings within an escritura.
An escritura is a private contract between seller and buyer. Unless it is expressly written into an escritura in clear language incapable of being the subject of interpretation there is no link between the simple deed of property exchange and the council. The buyer is deemed to be aware of and understand all Laws including council byelaws and these do not need to be reduced in writing into an escritura. It would then be incorrect for any council to create a link between an escritura and any tax, levy or imposition including IBI. Remember, also, the Council is not a cosignatory to the escritura.
Why “Interim Conclusion”?
It is the writers intention to follow this article with others relating to the current situation on Camposol. Please keep watching the CRA website.
Waiver: These writings represent the results of studies made by the writer and are not necessarily intended to represent the views of the CRA