The panic experienced by many waterside property owners is over as sensible amendments to the 2005 Water Resources Law have been approved in parliament.
The coalition majority agreed to tweak the 2005 law which itself was based on a Royal Charter of 1864 which threatened, in its original form, to deprive owners of their property and land if it lay within a 50 metre boundary from the water’s edge, or 30 metres if alongside a river.
The burden of proof originally lay with owners to show before the deadline of July 1st that their properties had been in private hands before 1864, a tall order for many as records were hard to obtain or non-existent. This deadline has been removed and any pre-1951 property in an established urban area need not comply. This amendment applies to seaside and riverside properties.
Recent ‘land grab’ headlines sought to compare the situation in Portugal with the problems that many face in Spain where illegal licenses have been granted for seaside construction leading to well-publicised demolition of selected properties and council bosses convited of corruption. The two legal situations are very different and Portugal's changes should in their final form represent good sense and fair play.
The amendments still oficially need to be passed by Portugal’s President, Cavaco Silva, but this should be a formality leaving many owners mightily relieved.
Full details will be published when the law finally is passed and is available for interpretation by lawyers advising clients who until now have lived under the technical threat of their property possessions reverting to state ownership.
