The Courts of instance number 3 and 5 of Marbella have ratified that Puerto Banús “has charged for decades the rent of the terraces to locals who have them on land belonging to the Marbella City Council”, for which they have declared “null” leases practiced with more than twenty premises, as highlighted this Tuesday by Cadena Ser.
According to the information, the two sentences issued by the Marbella courts derive from a complaint filed in 2019 by “half a hundred” locals located in the port precinct, some judicial rulings of which he indicated that “they are not firm and can be appealed”.
In this way, the courts have ruled in favor of 25 owners of these premisesamong which are from restoration companies to “international luxury firms” that claimed that in total since 2015 “they had paid Puerto Banús close to one million euros for the rental of the terraces when in reality they were on municipal land as a public road, and therefore, the manager of the marina could not market them”, they have pointed out.
The businessmen emphasize that the “irregular situation” has been maintained for years and “year after year the premises signed the contract for the rental of the terraces with Puerto Banús”, ensuring that they are located “in lands of the Town hall of Marbella, and therefore, are in the public domain.
According to the rulings, “after seeing the evidence, the courts accommodate this assumption” and indicate in both that the Consistory “approved in 1984 a urban modification which declared that the roads of Puerto Banús are in the public domain and that they continue to be so, despite the fact that in all these years they do not appear in the municipal inventory or in any registration” carried out by the City Council.
Likewise, they have indicated that “both courts recall that These lands cannot be seized, sold or accessed as your property through time”, so they “declare null all rental contracts of Puerto Banús with these premises”.
At the beginning of February, the Puerto Banús concessionaire announced that it had obtained a favorable sentence in relation to the ownership of the terraces and the validity of the leases, ensuring that he accumulates a “twenty” court rulings in his favor. In this sense, it pointed to the “ownership of Puerto José Banús over the private land it leases” and its validity.