A judge in Ibiza has ordered the immediate eviction of the occupied Casa Lola property in Sant Josep, granting a precautionary measure requested by the company that owns the finca.

The Juzgado de Instrucción No. 2 of Ibiza has ordered that possession of the property be returned to Inversiones Hoteleras Faro SL, following a complaint filed against the occupants in July over an alleged offence of usurpation.

The decision comes just days after a 48-year-old man died following a fire inside one of the makeshift structures at the settlement.

Court grants precautionary eviction

According to the judicial order reported by EFE, the court considers that there are sufficient indications of an alleged minor offence of usurpation and that the property has been occupied by people whose presence has changed over time.

The judge's order states that the property is not a dwelling used as a home by the occupants and that the occupation allegedly has a permanent character, without a title authorising possession and against the wishes of the owner.

The court has therefore ordered the immediate restoration of possession to the company that owns the property.

Complaint was filed in July

The property's legal representatives filed a complaint on 2 July against the people occupying the finca.

The complaint alleged usurpation and requested the immediate eviction of the occupants as a precautionary measure.

The property said the request was based, among other factors, on concerns relating to safety, the property itself, neighbouring residents and the environment.

The judicial decision now confirms that the precautionary eviction request was formally made when the complaint was filed.

Police can enforce the order

The court has authorised the use of public force if necessary to carry out the eviction.

The order has been sent to the relevant police authorities, including the Guardia Civil and Policía Local, so that the judicial decision can be implemented and possession of the property returned to Inversiones Hoteleras Faro SL.

The property has said it is prepared to cooperate with the authorities to organise the operation.

The timing and operational details of the eviction will depend on the authorities responsible for executing the judicial order.

The recent fatal fire

The court decision comes shortly after a fatal fire at the settlement.

On Sunday, 27 September, a fire broke out in one of the makeshift structures inside Casa Lola. A 48-year-old man of Paraguayan nationality suffered severe burns and was taken to Can Misses Hospital, where he later died.

The Guardia Civil opened an investigation into the circumstances of the fire. At the latest stage reported before the eviction order, investigators had kept all hypotheses open and had not ruled out the possibility that the fire could have been deliberately started.

The death is separate from the judicial proceedings concerning possession of the property.

Property rejects claims that it profited from the occupation

The owner's legal representatives have also rejected claims that the property was collecting rent from people living at Casa Lola or otherwise financially benefiting from the situation.

The legal team says the property itself initiated proceedings in July and specifically requested the precautionary eviction at that time.

Those claims about alleged rent payments had become part of the wider public dispute surrounding the settlement after Sant Josep Mayor Vicent Roig said residents had told the municipality that they were paying a monthly amount to live there.

The property has denied being involved in collecting such payments.

A long-running situation at Casa Lola

Casa Lola, in the Es Cubells area of Sant Josep, has been the subject of a long-running urban planning and occupation dispute.

The former luxury property was demolished by the Ayuntamiento de Sant Josep in 2022 following a judicial process concerning illegal construction. The municipality received judicial authorisation at the time to enter the property and carry out the demolition of structures that had been built unlawfully.

Since then, makeshift structures have appeared on the land and people have been living on the property.

The situation has generated complaints from nearby residents concerning safety, waste, infrastructure connections and other problems associated with the settlement.

The eviction is a judicial decision, not a criminal conviction

The current court order concerns possession of the property and the alleged usurpation of the finca.

The fact that the judge has found indications supporting the precautionary measure does not amount to a final criminal conviction of the occupants.

The proceedings can also be challenged. According to the judicial order reported by EFE, an application for reconsideration can be filed within three days and an appeal can be made within five days.

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 ready to cooperate with the Guardia Civil and Policía Local de Sant Josep to organise the operation.

The judicial decision gives the authorities the legal framework to proceed with the eviction, including the possibility of using public force if necessary.

Meanwhile, the separate investigation into the fatal fire remains ongoing.

For now, the confirmed development is that the Juzgado de Instrucción No. 2 of Ibiza has ordered the immediate restoration of possession of Casa Lola to its owner as a precautionary judicial measure following the July complaint over alleged usurpation.