The Court of First Instance number 4 of Arrecife has dismissed the eviction request of a house located on a plot of land in Argana Alta that the Diocese of the Canary Islands sold to the company Juan Antonio Rivera S.L. According to the ruling, the public deed refers to "some houses that are on the plot", but "they are not the object of the sale", nor is the buyer attributed "any type of right".
The house, object of the litigation, is located on a plot of land in the Arrecife neighborhood of Argana Alta, in an area known as the "Rompimiento", on which there are five other houses. This plot of land, owned by the Diocese of the Canary Islands, was sold to the company Juan Antonio Rivera S.L. in June 2006, for a value of 360,607 euros. Subsequently, the company requested the eviction of these houses, considering that they were their property.
However, the court does not consider this to be the case and understands that what the Diocese of the Canary Islands sold to Juan Antonio Rivera S.L was only "a plot of land" and not the houses that are on it. In addition, the ruling adds, "nothing is said in the sale about who owns the houses, if such an owner exists, nor are the physical (surface area, boundaries, etc.) or registry characteristics of the houses described."
Therefore, the magistrate of the Court of First Instance number 4 of Arrecife, Juan José Cobo Plana, dismisses the eviction request, considering that Juan Antonio Rivera S.L "is not the owner of the house" and that, therefore, "lacks active legitimacy" to file said request.
The house, the ruling adds, has been occupied "for more than 50 years and publicly", so Juan Antonio Rivera S.L. "also does not have mediate or immediate possession of it."
