Help needed understanding new law of Trespasse

[Joanne53]

I have a bar/restaurant bought in 1986 which I wish to sell. It is a trespasse, but I understand the law has changed. I can find nothing on the internet, and lawyers seem to give different answers, and agents selling bars on trespasse do not seem to have relevant information.
Queries: What are the term of a lease, and how long can it be for.
Is there a new name to a trespasse contract and what is it?
I believe the price of monthly payment can be changed by the landlord, is there a ceiling on the amount this would be that has been set by law?
Is all this changing of contracts legal, and has anyone approached the European Courts about it.
Has this practice devalued property and businesses throughout the Algarve,
Does anyone have any info of news reports or anything else on this subject as I can't believe people have not kicked up about this. Many people, including Portuguese had property on Trespasse, as all over the place there were businesses and houses being advertised for sale.
ANYONE OUT THERE HELP????
Joanne

[pat anderson]

We tried to buy a life long trespasse bar 2 years ago. We gave all the details to our lawyer and as far as we were concern everything was going on fine, we waited while the owners offered the trespasse back to the owners as you have to and transferred the required amount from the UK. We even bought some stock etc and on the morning of the signing we got a phone call from our lawyer saying " you do realise that the owners can give you 5 years notice that their want it back once it has been sold to you ? due to a change in the law. And you are obliged to give it back to them free of charge !!!!!!!!!! We were dumbstruck to say the least.

I feel so sorry for the guy that held the lease at the time he paid 80,000 e for it, he was willing to sell it to us for 40,000 e as it was running at a loss plus it needed an awful lot of work doing to it, but at 40,000 plus 10 - 20 grand more to do it up there was no way we were going to proceed. I believe in the end he sold it for 10,000 e.

In my opinion the change of the law was illegal to say the least and you are quite right why doesn't someone take it up with the European courts ?????. I sure as hell would if I lost all that money. As it was we are still furious that our lawyer left it so long to tell us and had the cheek to charge us 350 e for all the work He must have known about the change on our initial meeting with him.

We were that disgusted that with the money we had transferred over from the UK we bought a freehold bar in inland Spain. Why this has not been more publicised or fought against is beyond me.

If you have any more questions I will be pleased to help and if you decided to fight the Portuguese goverment for what ammounts to asset swapping I wish you the best luck possible - as you can see I am still furious about it and I wasn't the one losing a large ammount of money

[pat anderson]

This was about the only information I could find on it at the time


http://www.cerronovo.com/azul-propertie ... .asp?ID=46

[EMM]

There were articles in the English speaking press , Algarve Resident and Portugal News and it was discussed on other forums at the time.