Andorra Batllia Alerts Notaries to Legal Dispute Over Arbres del Tarter Properties

Andorra's Batllia has issued a precautionary notice to notaries regarding specific properties in the Arbres del Tarter development, warning them of an ongoing legal dispute that clouds ownership.

The alert covers two ground-floor commercial units and several parking spaces. It requires notaries to inform any potential buyers during deed registration that the properties are subject to litigation, with unclear title status. This stems from one of two civil claims before the Batllia involving a complex dispute between the primary property-owning company and its delegated promoter.

In the first case, a purported good-faith third-party buyer—who advanced significant sums—sued both the delegated promoter, with whom the deals were made, and the owning company. The buyer aimed to formalize the purchase of the units and parking spaces, but the primary owner revoked the promoter's powers at the critical stage, halting the process. Questions remain over who received the payments. The buyer sought a court order to block resale of the properties, prompting the Batllia's notary notification as an interim measure.

The second claim pits the delegated promoter against the owning company, seeking to prevent the sale of additional units claimed by the promoter. No precautionary ruling has been issued here, as the case is suspended pending resolution of a criminal prejudice request.

The disputes link to parallel criminal proceedings in Madrid's Plaza de Castilla court, including fraud allegations and cross-complaints. The owning company has requested that Andorran civil cases await these outcomes. Many original contracts designate Spanish jurisdiction for disputes, complicating matters with criminal rather than civil actions.

The overall conflict, valued at around €50 million, involves investments in Arbres del Tarter, another Tarter project, and a Marbella development. It pits Spanish investor-owners against their former legal advisors, now accused of betrayal in dealings with the delegated promoter. Further claims for defamation and related offenses continue in Spain, with no quick resolution in sight.