Residents facing eviction order announce protests

Residents of the 62 homes affected on calle Sarmiento in Manilva have called a pots-and-pans protest (cacerolada) for next Tuesday 15 July between 10:00 and 13:30, outside the Town Hall, as a means of pressure over the threat of eviction, which they say is based on procedures they consider irregular.

AFFECTED RESIDENTS’ CLAIMS

The organisers of the protest claim that the plan is to carry out the eviction from 511.40 square metres made up of storage rooms, parking spaces and communal areas that have never been regularised.

The affected residents hold rental contracts and have made continuous use of the homes, including elderly people, people with disabilities and families in vulnerable circumstances.

According to the residents, the Town Hall could exercise the Right of Pre-emption (Derecho de Retracto) to acquire the 62 homes sold at auction and prevent the evictions, as the law allows.

According to the documents submitted, the auction held on 29 May 2023 awarded these properties to a company for €918,075.28, without many of the items awarded being recorded in the Land Registry, which raises legal doubts about the process.

Allegations of irregularities

The residents have filed a general petition addressed to the Town Hall setting out the following:

• The area of storage rooms and parking spaces (511.40 m²) cannot legally be considered part of the eviction claim.
• The plans provided in the Works Project show substantial differences from what was auctioned.
• «Full Ownership» (Pleno Dominio) of these areas is not legally recognised, which makes any attempt at eviction without prior judicial review unjustified.

What are they asking for?

These residents are asking the Town Hall and the judicial authorities to:

• Suspend the scheduled evictions.
• Review the legality of the auction and the documentation submitted.
• Exercise the Right of Pre-emption to protect the affected families.
• Regularise the land registry and cadastral status of the homes and communal spaces.

In short, they ask that the appropriate measures be taken so that the Court declares the SUSPENSION of all Evictions, that everything Built and Works Project no. 363 LO of 2004 be reviewed and compared with the data from the Auction and the Land Registry, and that Manilva Town Hall be urged to exercise the Rights of Pre-emption to acquire these 62 Homes as its own property or, failing that, to help these families so that the Right of Pre-emption is passed on to the families living in the homes, enabling them to buy them for the same €14,807 paid at the Auction.

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