A court in Ibiza has ordered the immediate eviction of the occupied Casa Lola property in Sant Josep, authorising the use of police assistance if necessary to return possession of the land to its owner.

The decision was issued by Ibiza's Court of Instruction No. 2 as a precautionary measure in proceedings concerning an alleged minor offence of usurpation. The ruling orders that possession of the property be returned to Inversiones Hoteleras Faro SL, the company that owns the estate.

Court Finds Grounds for the Precautionary Measure

According to the judicial decision reported by EFE, the court found indications supporting the alleged offence and considered that the people occupying the property had been changing over time, with some leaving and others subsequently occupying the site.

The ruling concerns a property that is not considered a dwelling for the purposes of the relevant criminal provision and which, according to the court, had been occupied without a title authorising possession and against the owner's wishes.

The judge referred to Article 245.2 of Spain's Penal Code and concluded that the circumstances justified taking steps to end the occupation while the proceedings continue.

The property is located in the Nuestra Señora del Carmen area of Es Cubells, within the municipality of Sant Josep de sa Talaia, and covers approximately 8,522 square metres.

Police Can Be Used to Carry Out the Eviction

The court has issued an order to the judicial police, Guardia Civil or Sant Josep Local Police to carry out the eviction and take the necessary measures to return possession of the property to Inversiones Hoteleras Faro SL.

The ruling allows the occupants to be removed by public force if necessary.

However, the judicial authorisation does not mean that the eviction had already taken place. As of 2 October, the operational arrangements and date for the eviction were still being coordinated with the relevant police authorities.

The decision can also be challenged through the applicable appeal procedures. The ruling provides three days for an application for reconsideration and five days for an appeal, either directly or subsidiarily.

Property Filed Its Complaint in July

The property filed a complaint against the occupants on 2 July, alleging usurpation and requesting immediate eviction as a precautionary measure.

The legal representatives of Inversiones Hoteleras Faro said the request was based, among other considerations, on concerns regarding safety, the property, neighbouring residents and the surrounding environment.

The company has also denied claims that the property was receiving rental payments from people living at the site or financially benefiting from the occupation. That denial comes from the property's legal representatives and is presented as their position, rather than as an independently established fact.

A Property at the Centre of Growing Concern

The occupation has attracted increasing attention in recent months because of reports of conflicts and incidents in and around the site.

The situation became particularly serious following a fire in September in which a 48-year-old man living at the settlement suffered severe burns and subsequently died.

The Guardia Civil is investigating the circumstances surrounding that fire and has been considering different possible causes. The cause should therefore not be presented as established while that investigation remains open.

Reports from the surrounding area have also described concerns about waste, makeshift structures, electricity and water connections and the potential fire risk. These concerns have been raised by residents and other parties and should be distinguished from facts formally established by the court.

What Happens Next?

The immediate next step is the execution of the court's eviction order.

The property's legal representatives have said they are prepared to cooperate with the Guardia Civil and Sant Josep Local Police to organise the operation.

As of 2 October, however, no completed eviction should be reported. The timing of the operation remained dependent on the arrangements made by the authorities.

Once the property has been returned to its owner, questions will remain over the future of the site and the people currently living there.

The latest court decision addresses possession of the property. It does not by itself resolve the wider housing and social issues affecting the people who have been living at Casa Lola.

For now, the key development is that the Ibiza court has authorised the immediate precautionary eviction, with the execution of that order still pending.