European Property Rights and Wrongs - Diana Wallis MEP

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Linking up national Land Law systems across the EU – some practical steps 56 Some Professional networks – successes with European colleagues 56 Mr Xavier Ibarrondo of Eurojuris The Iberjuris project 57 Mr Richard Frimston, Chair of STEP (Society of Estates and Trust Practitioners) How conflicts of laws can affect immovable property 62 Why are Land Registries so important to the process? 64 How do they work? 65 ELRA outline the various models of land registration and the CROBECO Project 66 Diana Wallis MEP concludes 70
Introduction A few words from Diana Wallis MEP Since I was elected as a Member of the European Parliament in June of 1999, now twelve and half years ago as I write, there has been one recurring theme of constituents from Yorkshire & the Humber and indeed beyond who contact me about problems. That is the issue of property and related rights. Many constituents and other European citizens have enthusiastically taken up the offer of ’freedom of movement’ of people; many have chosen on the basis of this freedom offered by all European governments, to study, work or retire in another country. Others have chosen by virtue of the parallel ’freedom of movement of capital’ to invest in second homes in another EU country, maybe as a holiday home, a retirement prospect or for holiday let. Many sadly have found themselves entangled in impossible legal nightmares; lost deposits, buildings not built, or built in breach of local planning legislation; every possible permutation has crossed my desk at some point or other. Each one represents the life of an individual, or the life of a family ruined, perhaps the biggest investment of their life lost. The stories are heart rending. Of course this should not obscure the many who doubtless do manage such purchases and investments in another EU country without problem. However the numbers and reoccurring nature of the problems are such as to merit closer investigation on behalf of those I represent. As an MEP my main policy focus over these last twelve and a half years has been around the civil and commercial law of the European Union in relation to the Single Market and our citizens’ rights arising from this. There has been much time 5
Page 1 and 2: European Property Rights & Wrongs E
Page 3: Contents Introduction 5 A few words
Page 7 and 8: with property rights (this being su
Page 9 and 10: level and provides a counterweight
Page 11 and 12: European Property Wrongs - what can
Page 13 and 14: area particularly in the resort of
Page 15 and 16: not be readily accessible to be sea
Page 17 and 18: the issues confronting citizens. So
Page 19 and 20: Realizing that on our own, or even
Page 21 and 22: The difficulties have arisen from t
Page 23 and 24: The lobbying continues to find a po
Page 25 and 26: the people of Parcent who welcomed
Page 27 and 28: The differences in conceptual and i
Page 29 and 30: Peter Sparkes European Land Law: to
Page 31 and 32: Two aspects of EU competence will n
Page 33 and 34: A lawyer equipped to handle the fir
Page 35 and 36: Bram Akkermans Property Law in Euro
Page 37 and 38: curacy of the information offered.
Page 39 and 40: the doctrine of effectiveness (effe
Page 41 and 42: Treaties are neutral whether shares
Page 43 and 44: Short Bibliography Bram Akkermans,
Page 45 and 46: Given the enormous divergence betwe
Page 47 and 48: sense, meaning the fullest right a
Page 49 and 50: Concluding remarks After some intro
Page 51 and 52: which the land is sited, that is fo
Page 53 and 54: The Valencian legislators need to b
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use law is regionalised and so the
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Practical solutions to the challeng
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egions. For example in Spain, commu
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Let me give you another example, th
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• The Brussels I Regulation No.44
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puted, perhaps leading to the loss
Page 67 and 68:
the land books. These rights are ve
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ance needs to be struck between pro
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www.alde.eu www.dianawallismep.org.
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European Property Rights and Wrongs - Diana Wallis MEP

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