February 2010
Hot Property News Letter – February 2010
Welcome to this issue of the Hot Property news letter which we hope you find informative and helpful. If you have any suggestions, comments or questions, which we can address in future issues, you can contact us at info@hotpropertyspain.net
1: COSTA BLANCA verses CYPRUS
If you cannot quite decide between buying a property in either the Costa Blanca, or Cyprus, a recent court case in London may help you make your decision.
It is true that there are many expats with holiday and retirement homes in northern Cyprus, but many now face eviction after the Court of Appeal upheld a decision that a British couple must surrender disputed land. David and Linda Orams spent their savings on their dream villa in Lapta, eight miles from Kyrenia, but they have spent the last six years fighting a legal battle, with the resulting decision which will see them having to give back the property to the original owner, Meletios Apostolides, a displaced Greek Cypriot. It is reported that about 5,000 Britons live on land in northern Cyprus once owned by Greek Cypriots, approx 167,000 of them, who fled to the south when Turkey invaded in 1974, and many of them believe that thousands of Britons who bought land were aware that it belonged to Greek Cypriots. However, expats living in northern Cyprus insist that they bought property in good faith and that they were assured that it was safe to buy, on what they called exchanged land, because the Greek Cypriots had been recompensed with land in the south. Mr Apostolides was displaced with his family from his property in Lapithos after the Turkish military occupation. The Orams bought the land from a third party who claimed to have acquired it from the Turkish Republic of Northern Cyprus, a state recognised nowhere but in Turkey. Mr Apostolides argued in the Cyprus courts that, although the Republic had lost effective control of the northern part of the island, its laws still applied even if they were not easily enforceable. The ruling of the Nicosia court, now enforceable in the UK jurisdiction, sets a precedent for other Cypriots displaced in the north to bring actions against holiday home owners throughout Europe and the rest of the world. Lord Justice Pill made it clear at the beginning of his judgment that nothing in the ruling could be taken to indicate "an acceptance of or a comment upon the legitimacy of the Turkish Republic of Northern Cyprus". He said he accepted there was an international consensus that every encouragement should be given to achieving a peaceful settlement of the long-standing disputes in Cyprus. "To proceed from that acceptance to accepting a proposition that United Kingdom courts should treat it as manifestly contrary to public policy in the United Kingdom to enforce the obligation under Community law to register judgments of courts in Cyprus is a very large step."
"Obviously it’s a blow," Mrs Orams, of Hove, East Sussex, said. "We’re going to study the judgment and we’ll consider whether there’s anything further to be done. Failing that, we’ll have to take steps as far as possible, given the political situation in Cyprus, to comply with the judgment & we know that the ruling will also be of great concern to the many foreign property-owners in Cyprus".
Mr Apostolides said: "I’m thrilled. This case has gone on for nearly six years, it was about time for it to come to an end. It was a very good decision, It is a victory for European laws and regulations. I believe it’s a very important decision for all Cypriots and a decision that protects the individual rights of people against any unlawful authority."
When asked if Mr Apostolides will claim against the Orams’ assets in Britain, including their home in Hove, Constantis Candounas, his solicitor, said: "We have to wait to see what the Orams’ reaction will be, how they want to go about it, whether they’ll call Apostolides to hand the property [in northern Cyprus] over, whether they will pay the damages, whether we will have to take legal action to enforce the judgment. It remains to be seen.
This is a very sad and disturbing situation for many on both sides, and with more than 60 percent of property in the territory being disputed, the settling of these disputes is a key stumbling block in reunification.
How this decision will affect property in the South of Cyprus remains to be seen.
2: FOCUS ON GATA DE GORGOS
Gata de Gorgos, which literally translates as "cat of gorge" was occupied between the 8th & 13th Centuries by the Arab Conquest, retaken by the Christians under Jaime 1st of Aragon (The Conquistador) about 1250, and was at this time annexed with Denia. In 1535 the village became independent of Denia.
The main central feature of the village is the gorge of the river Gorgos, which slices dramatically through the landscape, and there are river side walks and a park to enjoy, although the river is generally dry, except during periods of heavy rain. The Municipal Archaeology museum tells the history of the village and the Hermitage of the Santisimo Cristo is also a popular attraction. Located on the N332 just North of Benissa, this small town is mainly famous for traditional crafts, including wicker work, basketry, furniture, and many types of household objects in rush, cane and bamboo. It is also a centre of guitar manufacture as well as decorative ceramics. With its population in the region of 5,500, the village is often referred to as the Bazaar of the Costa Blanca, as the fifty plus craft shops cater for the tourist trade, with many coach trips arriving from Benidorm and other coastal tourist towns. Behind the busy main street of the N332, which dissects the village, the atmosphere is completely different and many pretty and intimate residential streets can be found, along with a scattering of local shops, bars & restaurants. Hot Property have a number of economically priced villas for sale in the popular Gata Residential Urbanisation which is only a few minutes’ drive away. HP0938 is a 3 bedroom link-detached villa and is priced at 159,000€. HP1278 is a 3 bedroom detached villa with own pool, air conditioning, stair-lift & disabled facilities, and is priced at 250,000€
3: PROCESSIONAL CATERPILLARS
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We have more than our fair share of lovely features and reasons to live on the Costa Blanca, but if there is natural payment to be made for all these benefits, then the processional caterpillar is that payment. Processional pine caterpillars, or if you prefer (Thaumetopea pityocampa) are a common species in both Spain and France. The fluffy looking nests can be seen in abundance on the pine trees of our area. They get their name from their habit of travelling on a nose to tail convoy, sometimes reaching a combined length of over a metre. Although small and insignificant looking, they do unfortunately present a danger to domestic and other animals, including humans, in that they leave a trail of minute hairs in their wake which can cause an allergic skin reaction in humans and respertory problems in dogs and cats. The caterpillar´s fur is in fact a layer of harpoon-like spines which the caterpillar sheds when disturbed and these spines remain toxic even when shed, or after the caterpillar has died. The spines, being so light, will float in the air, which increases the risk of inhalation. Although the allergic skin reaction is itchy, it is easily treated with creams, and if necessary antihistamine tablets from the local chemist. Great care should be taken when walking dogs in areas where caterpillars have been present, as it is possible that hairs may remain on the ground. It can be known for singular caterpillars to be seen and, whether singular or in a long procession, the best cause of action is to leave them alone.
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If, by chance, one should drop on you or your pet from a tree, do not attempt to brush them off with your bare hands, as even touching them can cause a reaction such as a rash or pain and, in rare cases, people have been known to suffer from anaphylactic shock, in the same way that people who are allergic to bee and wasp stings can. If any hairs get into your eyes you could experience some swelling and soreness, similar to the symptoms of conjunctivitis. If you plan to go walking in areas where the caterpillars are rife, you might want to carry antihistamine tablets with you. The caterpillars live in silk nests in pine trees, where they inflict damage, stripping the trees of their needles. They then leave the cocoon and seek out another new tree on which to feed. Most noticeable from January to mid April the caterpillars are most prolific in mid to late February, when they can often be seen in the evenings going from tree to tree. At the end of the winter months, the caterpillars will make their way down to the warm spots in the soil where they dig themselves into the ground in order to pupate. They may sometimes halt their development during this period, for up to three years, while awaiting favourable climatic conditions. The moths that lay eggs are particularly attracted to the silhouette of a tree – especially if it stands alone. So, if you have a problem with caterpillars in your garden, it could be resolved by planting clumps of trees to deter the moths from laying eggs. The damage to the trees themselves can be extensive. Young trees may even die, and saplings that are stripped of needles are more susceptible to secondary pests such as bark beetles and pine weevils. It’s because of this potential damage from caterpillars that preventative and curative measures are taken in Spain to stop them becoming out of control. Trapping by using G-traps baited with the pheromone pityolure is used to monitor population levels in summer. Other methods employed include the destruction of winter nests by cutting or shooting and burning them and the aerial application of insecticides during outbreaks. All in all, the processional caterpillar is not the friendliest creature. But the threat to people and animals can be lessened by trying not to come into contact with the hairs. Thankfully, because of the distinct line that the caterpillars form when marching, it is easy to spot them and give them a wide birth. One method of managing the pest, is to cut all the nests out of the tree into a metal container and set fire to the nest. Never climb the tree to cut the branches as they may have shed spines on the bark. You can also use a blow torch designed for weeds.. Pass the flame along the procession and the heat kills the caterpillars and eradicates the hairs at the same time. Once the caterpillars are dead I bury them deep in the garden soil. |
The Moth of the processional caterpillar, has cream coloured fore-wings with brown markings and white hind-wings. It flies from May to July. When the larvae are ready to pupate, they march in their usual fashion to the ground, where they disperse to pupate singly on or just below the surface.
The plus side of the processional caterpillar, is that one of the species that feeds on them, is the hoopoe bird. Or to be exact sub species U. e. epops Linnaeus, 1758. A bird with an impressive plumage and head crest. So avoid killing all the caterpillars, so that the hoopoe bird can still feed its young.
The processional caterpillar in England.
The cousin of the Fir tree processional caterpillar, is the Oak tree processional caterpillar, which was first found in several locations in London in 2006. The general public have been asked to look out for these caterpillars and to report them, rather than deal with them themselves. The London Boroughs of Brent, Ealing, Hounslow and Richmond upon Thames have set up task forces to deal with outbreaks. Sightings of these caterpillars in other areas should be reported to the Forestry Commission. The research agency of the Forestry Commission has issued guidance on the way to contain outbreaks and deal with infestations, so as not to increase the risk to the public
This newsletter is intended as a guide and to be informative and helpful in the process of searching for and purchasing a property in Spain. Total accuracy cannot be guaranteed and in all legal, fiscal and other matters a fully qualified professional should be consulted. Reproduction of any part of this newsletter is not permitted without written permission.

