The set deadline to obtain recognition of water resource ownership over Public Water Domain has been amended.
Published on November 23rd 2013, Law nº78/2013, which follows the first amendment of Law nº 54/2005, establishes ownership of water resources.
The above mentioned diploma extends, until July 1st 2014, the deadline foreseen to pursue the necessary legal action of recognition of water resource ownership applied to stream beds, waterfront zones and bordering areas and other water resources, rivers or lakes, regarded as navigable.
This amendment has significant consequences for Madeira as residents in the coastal areas of the island have until July 1st 2014 to pursue legal action of recognition of private property in courts and attest property ownership of those dated prior to December 31st 1864 and March 22nd 1868 in the event of property located on steep cliffs.
Providing residents don’t pursue legal action and properties are not recognized with due ownership, they automatically become part of the public water domain.
Therefore, the ruling government can evict, demolish or levy taxes for the use of private property.
With this in mind, it may be necessary that the legislator further extends the above mentioned deadline as many citizens will encounter problems retrieving property ownership documents which date back as far as one hundred and fifty years ago.
