ANOTHER FANTASTIC SUCCESS FOR BZN LEX INTERNATIONAL LAWYERS: HIGH COURT RULES IN FAVOUR OF OUR CLIENT
THE FACTS OF THE CASE IN A NUTSHELL
The facts of the case are as follows: Our client, an owner’s community, – hired our professional services in order to sue a property owner. Because he unilaterally built a storage room on his parking space, extending the boundaries of his parking space; occupying common areas of the community garage. Likewise, the defendant contested the claim against law and reason. Because the selfish neighbor simply demanded a larger parking space for his own private use. Disregarding the legitimate rights of the rest of the affected owners.
THE HIGH COURT DECISION
The Alicante High Court has overruled the wrong decision issued by the Court of the first instance of Alicante; ruling in favour of our client (The Homeowners Association – The Community).
Dual Spanish and English solicitor & Property Administrator Mr Oscar Ricor, of law firm BZN LEX INTERNATIONAL LAWYERS, (https://bestsolicitorsinspain.com/). Who has been fighting the case for more than 2 years (prior to the covid-19) is very satisfied with the judgment: “The High Court’s decision is very strong against the defendant, and totally fair in its reasoning; so I am glad to say that after a long legal battle, justice has been served”.
1) To allow and consent to the painting of his parking space. In accordance with the Foundational title deeds of the building, along the entire length of each space.
2) To forbid the owner from using garage space to park motor vehicles in it; as it has changed its use from a garage to a storage room.
3) To immediately cease the prohibited activity of invading the common circulation areas of the second floor and the ramp. Under penalty of incurring a criminal offense of disobedience. With a warning that, in the event of contumacy. He will be sentenced to the deprivation of the right to use his parking space for one year; authorizing the community to remove the offending vehicles; with the cost of said removal being passed on to the defendant. All of the above to ensure traffic safety, and by application of the rule of art.703 LEC by analogy.
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We hope this information is useful. Remember that this is not intended to be specific legal advice, just a general overview. As independent lawyers, we can help you both by assisting you with all property & community issues as well as carrying out a comprehensive background legal analysis on your property or problem, if required.
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We look forward to helping you and the benefit of our “know-how”.
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practising Spanish Solicitor