Easements of the Coastal Act

Imagen 11 .- maritime-terrestrial public domain

Art. 132 EC provides that the law shall regulate the legal regime of public property, community, drawing on the principles of alienability, Applicability and indefeasible, and its reversal.

In addition, it provides that are state public property that sets the law in any case the shoreline area, the beaches, the territorial sea and its natural resources. These concepts have been expanded and defined by the 1988 Coastal Act, and involving maritime public domain property as follows:
a) The sea shore, which includes

shoreline to the area, which is the space between the low water line and the high tide line or the limit to where the waves reach the greatest known temporary.

to the beaches or areas of loose material such as sand, gravel or pebbles

to other assets like land reclaimed from the sea, the islands or ports

b) The territorial sea and inland waters, which includes the basement and extends 12 miles from the tide line.

c) The financial resources of the economic zone and continental shelf extending to a distance of 200 nautical miles

A characteristic of public goods is derived from the jurisprudence of the Constitutional Court, without prejudice to the ownership of public property, such ownership is separable from the exercise of public powers by a different administration. In general the state has assigned both competitions, but also have attributed the autonomous region and municipalities.

2 .- The surveying and demarcation of the maritime-terrestrial public domain 

The objectives of protecting the public maritime domain are three:

a) The defense of its integrity and its use for general

b) Preservation of natural features and elements

c) prevent damage that may cause the works and installations

To determine the maritime-terrestrial public domain will be practiced and approved by the State Administration of appropriate boundaries. In the proceedings shall be heard at the Autonomous Community and the Municipality concerned, adjacent property owners, upon notification, and others attesting to the status of stakeholders. The deadline for notifying the resolution of boundary procedures will be 24 months. Providence opening the file of survey implied the suspension of concessions and authorizations in the public domain sea-land and its protection zone easement, to which effect must be published together with the demarcation plane provisionally estimated area former and the latter. The resolution of the boundary file implies the lifting of the suspension.

3 .- The condition of servitude buildings and transit protection
For the protection of maritime public domain land, the Law 22/1988 of 28 July, Costs in Articles 20 and following set various limitations of the property on land adjacent to the seashore. Such limitations include the protection and easement of way.

Article 23 of the Coastal Act regulates the protection easement and states that belong to an area 100 meters far inland from the inner boundary of the seashore. The third transitional provision in its third point added to it the following:
«The land classified as urban land to the entry into force of this Act shall be subject to easements established in it, except that the width of bonded protection is 20 meters. However, be respected and existing buildings applications and approvals already granted, as provided in the fourth transitory provision. It also may allow new uses and buildings in accordance with management plans in place, which ensure the effectiveness of the easement and avoid damaging the maritime-terrestrial public domain. »

Article 25 of the Coastal Act provides that in the bonded zone of protection shall be prohibited for home buildings or dwelling and the construction or modification of trunk routes and traffic intensity greater than that determined by regulation , and their service areas. Also, this article provides regular basis, are only permitted in this area, works, facilities and activities which by their nature, can not have another location or services necessary or convenient to use the maritime-terrestrial public domain and sports facilities found

Article 44 of the Regulations of the Coastal Act nevertheless provides that if that can be made in these areas without authorization, crops and plantations.

Regarding the transit easement is regulated in Article 27 of the Coastal Act and will lie on a stretch of 6 feet, measured inland from the inner boundary of the seashore. This area should be left permanently unobstructed for pedestrian public way and for surveillance and rescue vehicles, except in areas specifically protected. The article also states that this area may be occupied by works to perform exceptionally in the maritime-terrestrial public domain. In this case the area is replaced by a new easement on similar terms, in the way they are brought by the Administration. It may also be employed to implement boardwalks.

Given the record levels of felling and provisional demarcation of the maritime public domain land and after measurement on plane, the four buildings are within the scope of both easements. In the next image you can see more clearly the former concepts of protection and easement of way.

There also be borne in mind that both the land and maritime public domain traffic easements and protection are not absolutely fixed and invariable in time, as the coast changes under various circumstances, not strictly natural. In fact, Article 43.5 of Royal Decree 1471/1989 of 1 December, approving the General Regulations for Development and Implementation of the Law 22/1988 of 28 July, Coastal states that the land affected by modification of the transit easement areas and protection as a result, if any, variation, for whatever reason, the delimitation of the sea shore, which will be collected in the corresponding boundary, will be in a position similar to that provided in the third and fourth transitional provisions of the Act and consistent Costs of Regulation, or be freed from such easements, as the sense of progression or regression toward land toward the sea that has this variation.

Finally, it should be noted that the transitional provision as provided Décimtercera, in paragraph five, the Regulations of the Coastal Act, the Service may request Peripheral Coastal Property Registrar of making marginal note expressive of the circumstances in buildings affected by the transit easements and protection.

-Alejandro 19 de julio de 2009