A court has ordered Lideralis Empresarial en Desarrollo to halt the construction of nine tourist homes on the Langostina estate due to a lawsuit filed by the Wesenauer family. The Wesenauers claim the construction damages their right of way to their house and puts the integrity of the historical farmhouse at risk. They have been fighting for 20 years to preserve the land they consider to be theirs.
The lawsuit includes reports proving the existence of a right of way and the risk of collapse due to heavy machinery. The Wesenauers also filed a complaint with the Strasbourg Court of Human Rights regarding the “theft” of their property in 2004.
Meanwhile, another court previously ruled in favour of the developer, allowing them to take possession of the property. This resulted in the arrest of two Wesenauer sisters on two occasions. The Wesenauers argue that the developer is carrying out an irregular occupation.
Adding a further layer of complexity, while the recent court ruling ordered the construction to stop, according to the Wesenauers, the developer has failed to comply and local authorities seem reluctant to enforce the order. This contrasts with the support the developer received when taking possession of the property. The family are struggling to get the police to implement the court order.
The Wesenauers are asking for the heritage protection of the more than 200-year-old farmhouse and have documented their right of way since at least 1920. Their fight to preserve the property has been ongoing for two decades. This is the first time a court has ruled in their favour, although, at this stage it is a precautionary measure.
The dispute highlights the challenges of balancing development with the preservation of historical properties and legal rights. It also raises questions about the evenhandedness of Orihuela politicians and local authorities in enforcing court orders.
