Our client requested us to defend him against the construction of a multi-family building adjacent to his property located in Miraflores – Lima, which —among other infractions— had been built in violation of building limitations, light and air easements, and the maximum height measurements established in the municipal regulations, which affected his visibility and, therefore, the depreciation of his property.
We acted immediately by sending notarized letters to the Municipality of Miraflores with a technical legal study that allowed us to establish with certainty and clarity that the adjoining building had violated the urban parameters, as well as that it was violating the building license granted by the Municipality, by building on part of the client’s property, so we requested such entity to initiate the corresponding inspection and sanction for such infractions. Likewise, in a joint action with the procedural area, both civil and criminal legal actions were established to stop the actions of the real estate company owner of the neighbouring property.
All this had a positive result, since the real estate company was forced to sit down to negotiate the purchase and sale of our client’s property within an extrajudicial conciliation procedure, achieving the signing of the conciliation act with the obligation of the acquisition of the client’s property and, in addition, the payment of an additional amount for the expenses incurred by the client. The interesting and important aspect of this case is to have achieved the necessary pressure so that the real estate company is forced to negotiate the acquisition of the client’s property and avoid a judicial process against it, which is not usual in Peru.
