TUI rules in favor of land plots owners, reverses gov’t decision

The Court of Final Appeal (TUI) has finalized its decision on a case between the owners of two land plots located at Praça de Lobo D’Ávila in the Nam Wan area. The decision reverses previous decisions first made by the Administrative Court (TA) and then confirmed by the Court of Second Instance (TSI) that had ruled in favor of the Land, Public Works and Transport Bureau (DSSOPT).

The previous ruling prevented the landowner from applying for a construction license.

The decision, from the TUI’s collective of judges, headed by the Judge Viriato Lima has reversed the previous rulings.

The case goes back to 2004, when the two owners of the land plots submitted a construction plan to the DSSOPT along with relevant documents, including a statement proving that the lands were registered in their names.

Between 2006 and 2008, after final changes to the plan were approved, the owners saw five consecutive requests for a construction license denied by the DSSOPT.

According to the DSSOPT, the decision to refuse the licensing request was due to a dispute over the ownership of one of the plots. The dispute involved several ongoing legal proceedings that included requests for the right of ownership over the plot.

After seeing their licensing application repeatedly denied, the landowners eventually decided to suspend the applications in 2012 and to appeal the decision to deny the license. They addressed their appeal to the Office of the Secretary for Transport and Public Works, Raimundo do Rosário first and then to the courts.

Judge Lima of the TUI states, “an ongoing legal action for the declaration of the acquisition of a property does not undermine in any way the initial land plots property registry,” noting that “as long as the landowners can prove their ownership there is no need for the government to wait for a judicial decision to be made to issue a construction license.”

The ruling also adds, “While there is no final decision declaring the acquisition of property by someone other than the registered owner, this is for all purposes – and in particular, for the exercise of their ownership rights vis-à-vis third parties and the administration – the owner of the property at stake.”