Acts of disposal

Acts of disposal

Mountain communities can exploit the resources generated in the mountain both directly and by ceding their enjoyment to third parties. In the latter case, the community appears as another party in commercial transactions, being obliged to enter into contracts with other agents, for which it has full legal capacity. In other words, community montes have the capacity to legally assume rights and obligations with third parties.

The decision to enter into these contracts rests with the General Assembly, which must also approve their terms, always respecting the majorities required by the applicable regulations and its statutes. Among the various matters to be agreed by the General Assembly are the duration of the contract and the type of consideration to be received for that assignment.

The community's statutes may also set out how it organises itself to operate in commercial traffic. The community cannot be required to comply with any contract entered into without observing the provisions of the statutes or which exceeds what is laid down therein. In such cases, the third party concerned could, where appropriate, claim damages from the members of the community who entered into that contract in breach of its statutes.

Now, as a consequence of the inherent characteristics of communal village woods, and in particular their inalienability or non-transferability, the legislation regulating communal village woods specifies the types of contracts that the village wood communities may enter into, which are as follows:

1. The Cession
2. The right of surface
3. The lease

On the other hand, there are three legally provided exceptions to the inalienability of community forests:

1. Exchanges
2. Compulsory expropriation
3. The land consolidation

Finally, it may also happen that there are occupations and servitudes on the community woodland that restrict its free use by the other community members.

All dispositive acts must be approved at a General Assembly, convened expressly and by a qualified majority, requiring the favourable vote of the majority of those present and provided that such favourable votes represent at least 50.1% of the total number of community members at the first call or 30% at the second.

Acts of disposal shall always be formalised in a public deed, a copy of which shall be sent to the provincial section of the Register of Communal Woodlands, together with any necessary documentation (building permit, authorisation, etc.).

It is essential to provide a topographical plan of the surface to be ceded, with the boundaries of the plot or plots clearly identified.

It is also necessary to include in the contracts for cession, surface lease or tenancy a clause requiring the other party to take out public liability insurance that provides comprehensive cover for any damage and loss the activity to be carried out on the plot may cause to the property owners' association and to third parties.

Acts of cession, exchange, easement, expropriation and surface rights may be registered in the Land Registry.