Demolition threat to expats’ mill home

Tony and Rita O'Reilly

A BRITISH couple is threatening to file criminal charges against the mayor of Mijas after they had a demolition order placed on their converted mill home.

Tony and Rita O’Rielly received a letter out of nowhere from Mijas council stating their beautiful historic house is under imminent threat of being demolished. The town hall claimed it was built illegally in 2010.  According to both Tony and his lawyer, however, this is impossible as the structure was originally built in 1964 as a flour mill. Later sold to a British owner, the structure was eventually embargoed and repossessed by the urbanisation, after which the O’Riellys bought it directly from the courts in 2008, when a judge issued them the deed in a Torremolinos court. The background file on the historic home includes photos of the original structure from decades ago.

The town hall claims it was an empty plot with no house on it. Yet with all paperwork and original photos intact, the O’Riellys are asking how on earth they can be accused of illegal building.

Neighbours predating the O’Riellys moving in are testifying the house has been there decades. The situation is even more ironic considering that Tony Riley is the president of the urnanisation community. Their neighbours are outraged.

The O’Riellys are naturally in shock. “A judge sold it to us! How can this be? They’ve ignored their own lawyers’ papers, their own judge’s rulings. It’s a nightmare you can’t wake up from.” Their fear is that they are not the only ones subject to the injustice.

The demolition file from Mijas Town Hall has excluded vital evidence proving the house’s actual age, according to Tony. “They’ve taken the relevant papers out of the file to say that we built the house, but we didn’t.” When Tony and his lawyer presented the evidence, it was not accepted. Tony stated: “We have proof the house is legal, but the ayuntamiento won’t even accept the proof we have to offer.”

All efforts to get an appointment with either Mijas mayor Angel Nozal or head of demolition Manuel Navarro have proven fruitless. “They couldn’t care less,” Tony stated.

Tony’s lawyer told the Euro Weekly News: “It has gone far enough that we’re considering filing criminal charges against Mijas mayor Nozal and councillor Navarro. If something isn’t done, this is exactly what we will be doing. This is a perversion of justice.”

Tony added: “We probably aren’t the only ones this is happening to.”

This is not to say that the O’Riellys believe the mayor is behind the demolition threat. However, someone must ultimately be behind it, leading Tony to say: “We have to keep someone accountable for these unjust 

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    • DS

      15 February 2014 • 10:13

      We were about to invest in a property in Mijas. Not any more , this hot headed mayor has seen to that !

    • Jed Stone

      15 February 2014 • 21:05

      There will be a developer in the background,the mayor has taken a bribe,you should also research any plans submitted to the council by any developer for future building work. Your lawyer should be actioning criminal corruption charges against the town hall already,you must get in quickly to stop them.

    • Cearte

      15 February 2014 • 21:29

      I wouldn’t buy a garden shed in Spain until all this nonsense is sorted out, & I am sure I would believe them even then.

    • Carl knowles

      16 February 2014 • 13:48

      They are milking up to the last drop of blood of the Foreign residents and Mayor Nozal and his wife are running the show. These Spanish with power are terrorizing those that do not comply with want they want, and are there just to get as much money as they can to pay for them and their friends salaries and perks

    • Jimmy H

      16 February 2014 • 15:06

      Bloody Hell!! It is also happening in Mijas there ins’t a safe place any more in Spain !!!!

    • Marcus Van W.

      16 February 2014 • 15:36

      We are a Dutch retired couple that bought a house in Mijas 10 years ago, in Valtocado. Three years ago we were told that our property was “illegal” because it lacked a final license or “First Occupation License” We have been trying to get our “Licencia de Primera Ocupación” for three years now. We have been ignored, mislead and even laugh at by the people at the Mijas Town Hall, and given all kind of confusing information. Now, after spending 30,000 euros in Architects fees, we need to do a sidewalk and fit a new septic at a cost of 25,000 euros. My wife has been under treatment due to the stress and we just want to sell and go back home, and forget all about Spain. This house was our dream retirement home and has become our worst nightmare. Buyers Beware!!! Mijas is all lies and more lies. They will ignore you and ruin your life!! I would be surprised to find anybody that still believes a word of what Mayor Nozal says

    • Brian Hunt

      16 February 2014 • 17:19

      We had a similar experience to Tony O’Rielly. Mayor Nozal organised the destruction of the gate and supporting pillars at the entrance to our property with less than 24 hours notice of intent while we were absent. Nozal’s administration claims that the road to our property has public access. This despite the fact we live at the end of a private road which we built and surfaced ourselves.

    • Q J Jones

      16 February 2014 • 18:23

      Why people reelect the b*****ds?!!

    • Gordonmijas

      17 February 2014 • 15:17

      I was the person who informed Tony of the building which I was told by the then President of the Urbanisation was up for sale as the owner had faulted on his community payments for many years due to his absence from Spain to escape drug charges. The building, which I personally saw and witnessed was covered in graffiti and excrement where drug users and some homeless would seek shelter, was previously an clearly an old flour mill without a doubt. The ownership was given by a court judge to the community so they could recover the debt owed. Tony legally purchased the building from the community. This action by the town hall authorities can only be interpreted as a pathetic attempt to extract monies from an individual by threats of demolitions and they should be charged with extortion.

    • Jeff K

      18 February 2014 • 07:29

      We sold our property in Mijas La Nueva about two years ago, but we haven`t been able to complete the transaction because we do not have an occupation license yet. The file has been at the Town Hall in Mijas for over 2 years, and we have been told that we are not getting our occupation license because the sewage system is obsolete and the Urbanization has to have a new one and transfer it to the Town Hall, and there is no money to do so. We are also been force to do the pavement for the front of the plot, if we want to have the final license, and we have been quoted about 10K to do it!. The buyers are holding 30K that we will never see again. We will never buy again a property in Spain!! It is a shame how such a beautiful country is being ruined by some corrupt and unscrupulous politicians

    • Ponette

      20 February 2014 • 11:33

      I feel so terribly sorry for these residents and everyone else who has been affected, after reading this article. We live in France and are thinking of retiring to the Costa Blanca in Spain; but deep down I feel so worried about the corruption side of it all, not just at the point of sale with the agents, government authorities and solicitors, etc;, but reading the unbelievable fact that owners after years of living happily in their properties, are victims of fraud authorities which seem to justify their right to suddenly descend like vultures on descent living, respectful residents, to legally?! take it all away and destroy your life (your house is your only asset in retirement)! These people and mayors ‘ HAVE’ to be held accountable and stopped or else with stories like this people are going to turn their backs on living in their beautiful country. My husband and I have a happy life in France where accountability is written in stone and this kind of thing is rare, although we did get involved with a dodgy notaire many years ago so never say never! My gut feeling is to only rent for a holiday home in Spain and continue to live our stress free life here.

    • John Gardner

      20 February 2014 • 19:52

      Spain was, is and will forever be a country steeped in corruption. Why is it a surprise to anyone? A judge gave us this, a lawyer said that, the town hall assured us. How many times must people read this before they finally get the message?
      What it always comes down to is money. Someone wants more of it and by taking certain actions they get it. Who suffers as a result is of no consequence – to anyone in the Spanish legal industry. Nobody cares as long as some money sticks to their fingers.
      Spain will not be corruption free in the foreseeable future because there is absolutely no credible evidence that points to the contrary. Look at the Infanta; she needs an army of lawyers to proclaim her innocence. Really?
      Despite what one commenter wrote, France is not a corruption free paradise it is just concealed better because, according to Amnesty International, France is the most heavily censored country in Europe. Newspapers are forbidden to write about it.
      Is there hope for Spain? Well unless major reforms are introduced, and soon, no not really. Jailing the criminals would be a start but that is not about to happen any century soon.

    • claireF

      05 March 2014 • 15:31

      To Brian Hunt,

      I really hope that you are going to formally complain about this and fight – it sounds totally unreasonable.

      These corrupt people are ruling the roost – we cannot continue to be beaten into submission and must take action through the European Courts – they have to be good for something surely?

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