Public Access Lane Plot
In November 2019, the incumbent & self-declared ‘President and CEO of Costa Natura’ (Mr Peter Bryceson) - seemingly, in collaboration with unnamed Community Avocados (🥑🥑) - paid an amount of 380.000€ (belonging to homeowners) to purchase this plot of land (on their behalf), which plot comprises of a poorly-defined public access lane to the beach. It is unclear whether all of that plot of land is situated outside the existing physical bounds of Costa Natura (but most of it certainly appears so); if inside those bounds, it is not understandable why the title deed includes the phrase, “the passage of people to the beach through the property of this number will be public” (since it is already immediately adjacent to a public access route to the beach).
Evidence which suggests that the plot for which Mr Bryceson paid 380.000€ (belonging to homeowners) is not within the physical bounds of Costa Natura includes:
The public access lane is marked on-site as belonging to Costa Natura, with an official sign located underneath the footbridge.
The public access lane is marked on the official Property Registry of the Spanish Government as belonging to Costa Natura.
The public access lane is marked on the official Cadastral Map of the Spanish Government as belonging to Costa Natura.
The original title describes that some water pipes belonging to the homeowners might be located underneath that public access lane, which is described on the title for property 22.278 as “a public access lane to the beach owned by Naturaleza Costa del Sol, SA”. Why any bidder might have offered up to 380.000 € for such an ill-defined plot of land, which states on its property title that it must be kept free from construction (so that the public can transit freely through it) is difficult to comprehend.
It is also difficult to understand why information obtained from Estepona registry office on January 30, 2023 states that this plot is still owned by Naturaleza.
(Translated information obtained from Estepona registry office on January 30, 2023)
SIMPLE INFORMATION NOTE
SINGLE REGISTRY CODE: 29036000129873 PROPERTY NUMBER: 22280 IN ESTEPONA
DESCRIPTION: Plot of land, located in the municipality of Estepona, in the district of Arroyo de Enmedio, comprising an approximate surface area of 1.301,21 m². The boundaries of this plot are: To the North, with the plot described under number one owned by the Costa del Sol Naturaleza Entity, to the South, with the maritime land zone, to the East, with a lane owned by Don Manuel González González, and to the west, in a broken line with plot number two of said entity, and with the parent farm, from which it is segregated. The return pipes to the sewage treatment plant and the pipes for heating the pool water are being built on this farm. What constitutes an easement in favor of the parent farm from which it comes. In accordance with the urban regulations that govern the Costa Natural Vacation City, the passage of people to the beach through the property of this number will be public. This farm will have right of way to the central garbage booth and the treatment plant; and it also constitutes an apparent sign of reciprocal easement of passage between this farm and the rest of the parent farm from which it comes. The constituted easements will acquire full registration effectiveness when any of the dominant or servient properties, or farms from them, pass into the possession of a third party.
Cadastral Reference: NOT RECORDED
COORDINATION STATUS: Not coordinated with cadastre
OWNERSHIP: NATURALEZA COSTA DEL SOL SA, with CIF number A-29.049.731, is the holder of full ownership of the entire property.
ACQUISITION TITLE: Segregation AUTHORIZING:
MR. TEODORO AZAUSTRE TORRECILLA, ESTEPONA WRITING DATED: 12/16/1980 REGISTRATION: 1st VOLUME: 929 BOOK: 681 FOLIO: 76 DATE: 01/22/1981
CURRENT CHARGES
- MORTGAGE: Inscription 4ª The entirety of this property is encumbered with a MORTGAGE constituted in favor of the entity BARCLAYS BANK PLC, by virtue of which it is responsible for: 1.- The amount of seventy-nine thousand eight hundred euros, as loan principal. 2.- The agreed ordinary interest, for six months, although for mortgage purposes a maximum rate of ten percent per annum is determined.-3.- Two-year late-payment interest, if it were to accrue, calculated at the late-payment rate agreed, although for mortgage purposes a maximum rate of fourteen percent per year is determined.- 4.- The reimbursement to the Bank of the advances that it made for judicial expenses and costs, determining for mortgage purposes a maximum amount of fifteen percent of the principal of the loan.- 5.- The reimbursement to the Bank of the advances that it made for expenses of the extrajudicial execution foreseen in the Mortgage Law and Regulations. Determining for mortgage purposes a maximum amount of three percent of the principal of the loan.- 6.- The reimbursement to the Bank of the advances that it made for those out-of-court expenses related to the effectiveness of the guarantee and conservation of the mortgaged property, such as Contributions and taxes in general levied on the mortgaged property, community taxes and insurance. Determining for mortgage purposes a maximum amount of two percent of the principal of the loan. This mortgaged property for the auction case is valued at two hundred twenty-three thousand four hundred and forty euros, setting the address for notification purposes at Calle Toledillo, 54 in Gaucín -Málaga-. Maturity: September thirteenth of the year two thousand four.-
OBSERVATIONS: MODIFIED and EXTENDED by the inscription 6ª.-
AUTHORIZING: MR. JORGE MORO DOMINGO, ESTEPONA PROTOCOL NUMBER: 3,078 DATED: 08/06/2004 REGISTRATION: 4TH VOLUME: 1,070 BOOK: 822 FOLIO: 135 DATE: 02/21/2005
EXTENSION AND MODIFICATION OF THE MORTGAGE 4th.- The responsibility of the mortgage object of the 4th registration is modified, which after the extension is responsible for: 1) The amount of two hundred twenty-three thousand and eighty-five euros, as loan principal. 2) The agreed ordinary interest, for six months, although for mortgage purposes a maximum rate of ten percent per year is determined.- 3) Two-year late-payment interest, if it were to accrue, calculated at the agreed late-payment rate, although For mortgage purposes, a maximum rate of fourteen percent per year is determined. The amount of the amounts owed for late-payment interest may be accredited by means of a certification issued by the Bank in which the amount accrued for this concept is accredited, up to the date that determined, or be included in the certification provided for in the contract guaranteed by means of the deed that motivates this entry, if applicable, for those accrued prior to said certification, referring the parties to the provisions of Arts. 572 and 573 of the Civil Procedure Law and other applicable provisions.- Regarding late-payment interest accrued after the issuance of the certification and for the purposes of its liquidity and coverage by the mortgage guarantee, the liquidation of interest will have full effect. of delay practiced by the Court or Tribunal before which the claim procedure for the amount based on what is agreed herein is followed.- 4) The reimbursement to the Bank of the advances that it made for expenses and costs judicial, determining for mortgage purposes a maximum amount of fifteen percent of the principal of the loan.- 5) The reimbursement to the Bank of the advances that it made for extrajudicial foreclosure expenses provided for in the Mortgage Law and Regulations. Determining for mortgage purposes a maximum amount of three percent of the principal of the loan.- 6) The reimbursement to the Bank of the advances that it made for those out-of-court expenses related to the effectiveness of the guarantee and conservation of the mortgaged property, such as Contributions and taxes in general that are levied on the mortgaged property, community taxes and insurance. Determining for mortgage purposes a maximum amount of two percent of the principal of the loan.
This mortgaged property is valued for the auction case at three hundred and seventy-four thousand nine hundred and fifty- two euros. The mortgage guarantor designates Calle Toledillo, 54 in Gaucín -Málaga- as the domicile for the purposes of notifications regarding the foreclosure, and judicial procedures for claiming the amount.
Maturity: September 30, 2005.
AUTHORIZING: MR. JORGE MORO DOMINGO, ESTEPONA PROTOCOL NUMBER: 3,259 DATED: 07/13/2005 REGISTRATION: 6TH VOLUME: 1,314 BOOK: 1,066 FOLIO: 141 DATE: 10/07/2005
- ANNOTATION OF EMBARGO: LETTER L
This property is encumbered with a PREVENTIVE EMBARGO NOTICE, in favor of the COSTA NATURA COMMUNITY OF OWNERS in claim of: ONE MILLION NINE HUNDRED SEVENTY-SIX THOUSAND ONE HUNDRED THIRTY-FOUR EUROS AND NINETY-NINE CENTS of principal, plus the amount of five hundred and ninety-two thousand eight hundred and forty euros with forty-three cents budgeted for interest, expenses and execution costs. The amounts of interest and costs are subject to expansion, in accordance with art. 613 of the LEC.-
AUTHORITY: COURT OF FIRST INSTANCE N°4, ESTEPONA COURT
INJUNCTION: PROCEEDING: 1,323/2012 DATED: 06/02/2020 LETTER ANNOTATION: L VOLUME: 1,335 BOOK: 1,087 FOLIO: 197 DATE: 06/17/2020
This farm is affected during the TERM OF FIVE YEARS by the business/legal act that motivates the registration attached to the liquidations that could be drawn by the ITP/AJD Tax -1- that derive from it.
Estepona.- NOTA NUMERO: 1 AL MARGEN DE INSC/ANOT: L VOLUME: 1.335 LIBRO: 1.087 FOLIO: DATE: 06/17/2020 197