Thursday 17 February 2011

First criminal sentence for land grabbing

ALGECIRAS (Agencies) The Criminal Court recently issued a sentence condemning someone as 'criminally responsible' on a charge of usurpation of public land at Algamasilla (map). This is the first time a sentence for land grabbing has been sent down by a court in this area. Aside from a three month prison sentence if he doesn't pay six euros per day for three months, he is also condemned to 'restoring the property to its rightful owner', the municipality of Algeciras, which also includes knocking the illegal building down at his cost. The sentence admits an appeal, but there is no indication that it will be appealed. In the sentence, the judge>says that it is proven that the accused occupied Plot 7 of about 600m2 on public property, where he had built a house, a pergola and a garage, 'without sufficient title' and in the full knowledge that the land belonged to the municipality.

The resolution also points out that 'the title deed with which the accused justifies his right to occupy does not determine the transfer of the property, which is logical given that it is a plot on public land', and can therefore not be bough or sold by any other than its rightful owner.
 
Neither did th judge believe that the accused 'did not know that he was occupying public land nor the existence of a property registry' as he said when he was being interviewed.

No comments: