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I am an spanish attorney
Its incredible that I am reading.
You mean that they are forcing the judge to believe you all are a comunity even when the papers do not say so
that is correct
Well You are forced to make the appeal and waiting for the answer of the Audiencia
I am sure the Audiencia will make a sentence according to your rights
I have not reading the sentence you ahve to appeal but I think its very improbable that you lose the appeal
we are told that the appeal could go against us as apart from my wife and I who bought our property eight years ago, the other owners (all of whom are foreign) believed that they had to pay and did so until one of them found out we are n ot Legally a part of the urbanisation. This argument did not persuade the judge last week who ruled that our neighbour must pay.
I think you have few risk
also, our lawyer asked that the judge ask the other party to prove their case by producing the land registry papers but the judge refused to do so.
In my opinion the judge is wrong. If there are no papers can no be a legal comunity
but it has been collecting monies for fifteen years!
Well, In the audiencia your attorney have a new chance fight againts the judge abuse
Yeah, I know its expensive and take a lot of time
But its the way you have to fight, no more
Make the appeal and prove that there was never a comunity papers
good, but he is not confident. He says that the land registry will find it hard to give us proof that the other community is not a legal one.
In my opinion you do not have to probe that the comunity its no legal, its the comunity who has to probe its legal
So I think you have alot of chance to win the appeal
only if the court is made to look at the papers it seems. We are told this is up to the local judge one of whom did and we won, one of whom didnt and we lost. The appeal court sent the "lost" cases straight back to the local court and said that it must decide when our opponents appealed their lost two cases!! So, what trust can we have in the same appeal court??
I have not readen the sentences but I think you have chances because i do not anderstand how the judge could tell that there its a comunity without papers...
by listening to the gardener and security guard in court who claimed that we had used their services and by accepting that, although it was nebver formalised fifteen years ago, our twevle villas share common water pipes, pump and electricity cables with the Urbanisation. The gardener and security guard lied to the court. No one evr used their services but the court believed their word - they are both spanish and said they would lose their jobs as we had not paid fees!! True!
Yeah, I anderstand that they are playing black with you
Its the only way they have to probe and convince the judge
and it seems are likely to get away with it even after appeal!
may be could be hard
but I suggest you to do it
can you expain "
you now seem less sure! can you explain please
I am going to try
If they do not lie and the the judge the truth you will win
Now the problem its to probe they are not telling the truth
they must continue the lie otherwise they will be found out! Our lawyer says that if the appeal court will not examine all the papers we could be legally right but still lose the appeal - no guarantees! Should we risk that and all the extra costs? Our opponents are 290 properties with twenty times more money than us to fight the case. What do you think?
I think your attorney is honest
You have riskes if they keep of liying
as long as you could probe that they are no honest you will not fail
So, its not the matter who its right, the matter its to probe that they are not telling the truth
Hmmm! Well, I expect we will have to weigh up the risks and decide but we are in the hands of courts that can choose to look or not look at large piles of paper it seems. Thankyou for your help on this anyway. Gracias!
Gracias XXXXX XXXXX
Thank you and get luck
I will be here if needed