Court Orders Penthouse Owners to Restore Roof After Illegal Private Use
A couple who purchased a penthouse in the Balearic Islands in 2007 has been ordered by the Provincial Court to cease using the building's roof as a private terrace and restore it to its original state. Although the property included features like a pergola, barbecue, and direct access when bought, these modifications were not recorded in the deed or Property Registry. Following complaints from neighbors, the court ruled that the roof constitutes a common element under the Horizontal Property Law, belonging to the entire building community rather than individual owners. The judges rejected the owners' defense that previous occupants installed the structures, emphasizing the buyer's responsibility to verify the legal status of property features before purchase. The ruling applied the criterion of real action, holding current owners accountable for irregularities affecting the property regardless of who performed the work. Consequently, the couple must remove all unauthorized installations, including enclosures and access points, to return the space to its initial condition as defined in the original building plans. This case highlights the importance of due diligence in real estate transactions regarding common areas.
Wire timeline
Court Orders Penthouse Owners to Restore Roof After Illegal Private Use
A couple who purchased a penthouse in the Balearic Islands in 2007 has been ordered by the Provincial Court to cease using the building's roof as a private terrace and restore it to its original state. Although the property included features like a pergola, barbecue, and direct access when bought, these modifications were not recorded in the deed or Property Registry. Following complaints from neighbors, the court ruled that the roof constitutes a common element under the Horizontal Property Law, belonging to the entire building community rather than individual owners. The judges rejected the owners' defense that previous occupants installed the structures, emphasizing the buyer's responsibility to verify the legal status of property features before purchase. The ruling applied the criterion of real action, holding current owners accountable for irregularities affecting the property regardless of who performed the work. Consequently, the couple must remove all unauthorized installations, including enclosures and access points, to return the space to its initial condition as defined in the original building plans. This case highlights the importance of due diligence in real estate transactions regarding common areas.
Clarin.com - Home - Lo último