Fernando Herrera, 60, has lived since he was born in one of the so -called “six houses” in the neighborhood of Argana, in the municipality of Arrecife, the capital of Lanzarote. These homes were raised decades by a group of parishioners with the intention of sheltering the most humble families in the town. The land were owned by the Church. And there were Herrera’s parents and her brothers, who were gradually going from living in “three stone bedrooms” to build a home.
They were difficult times. There was no water or electricity. Fernando’s brother, Miguel Ángel, says that he and the rest of his family had to do their needs in a bucket and throw them through the ravine. When it rained, the water dragged what there was and the clearance was clean again, like new. And little by little the services were arriving. They themselves made a well, paid why the light cable reached the home, placed doors, windows, walls … “This house is ours because we have done it,” they reiterate.
But that, in paper, has imported little. The Court of First Instance number 1 of Arrecife has ordered the eviction of the Housing of the Herrera, the last of the famous “six houses” of Argan, after the diocese of the Canary Islands sold to a company the plot where they were all and Each of the properties for 360,607 euros.
The sale contract, signed in 2006, forced the new owner of the land, the mercantile Juan Antonio Rivera SL, concessionaire of the Iveco truck brand in the Canary Islands, to allow “the current occupants” of the House of Herrera, between Those who was his son Fernando, remained there until the day of his death. Who are “the current occupants” is where the controversy lies.
The sentence argues that this definition corresponds to the defendant’s parents, already deceased, because at the moment when the Church gave them the house they were them and not other beneficiaries. At that time, in the sixties, the Herrera had already had three children, two children and a girl, and were about to bring Fernando to the world. The family was especially touched after one of the minor children, Francisco, died with just three years in a tragic outrage when trying to cross the street. The Church gave them a house “for their condition as poor”, according to the strange legal language, “and until they came to better fortune” or died.
The Diocese of the Canary Islands and the Herrera signed a bailment contract, a kind of qualifying title for the free occupation of the home, and the ruling reiterates that this delivery corresponds to the parents and no one else. The bailment relationship does not have an indefinite duration. And when “it extends over time or remains at the discretion of the exclusive will of the occupant”, that possession derives “in precarious”, another unique expression of justice to refer to the person who lives in a property without paying their owner. Fernando, according to the court, is one of them. The bailment is not transmissible even if it will prove its “poor condition.”
“It’s a disaster. I’m dusty. I’m bad, you know? ”Fernando says on the other side of the phone. “Now I have an ultrasound of the heart because it gave me a heart attack a month ago, you know? But well, ”ends the man, resigned.
Juan Antonio Rivera Sl’s lawyer, Javier Guerra, explains that the title of bailment of the House of the Herrera was extinguished at the time when the mother, María Dolores, died in 2022. He defends that the assignment of the Church was granted to the parents and emphasizes that Fernando “did not exist” when the agreement was formalized because he was not born. “They were given to them [a los padres] Because they were a needy marriage, what is called special vulnerability today, ”summarizes the lawyer.
Guerra says that it is not possible procedure is studied, not just a particular thing. And the whole is that he is given the right of bailment to his parents, ”he insists.
The lawyer says he does not know the plans of Juan Antonio Rivera SL with the house, priced at just over 13,300 euros, according to the lawsuit. The company has a heritage in land and constructions priced at 10.23 million euros and registered a 1.38 million surplus in 2021, the last year of the accounts presented in the Mercantile Registry. Guerra pointed out that he tried to reach an agreement with Fernando, which “was given a very broad term” to find a new home and even “was offered economic help for its move.” The man, on the other hand, denies the greatest.
“They have not offered me anything. I have been here all my life. And what are they going to do? Give me money for a rent? With the age I have? I was born here and I have never been anywhere else. Oh God… ”, Fernando laments, clearly affected. He lives with his brother and his niece, who is less. They have no housing alternative. The Lanzarote council has summoned them for January 27 to try to advise them on what they can. The Provincial Court of Las Palmas has agreed to resolve the appeal presented by the Herrera family before the date scheduled for eviction, on February 28. Until then, pure uncertainty.
Fernando has caught by surprise. But it is not the first time that happens. After taking the lot, the company Juan Antonio Rivera SL tried to evict the mother of the family in 2011, in a frustrated attempt in the courts. The Court of First Instance number 1 of Arrecife, the same one that has now endorsed the eviction, stopped the feet to the commercial because “the situation of necessity or poverty” of the Herrera continued and, therefore, the bailment contract was still in force . They had not had a respite since the house was given in the last century.
The mother, María Dolores, was then 75 years old, suffered hysteroepilepsy “of many years of evolution” that had “reduced her faculties” and that, in silver, he incapacitated her to make “important decisions of which he does not know his scope.” The 2011 ruling acknowledged that the woman needed “supervision, protection and advice” by her relatives, who only entered a pay as a livelihood and that she lived with her son Fernando, the same that today faces a new eviction and that at that time was subject to detoxification treatments. The Las Palmas Provincial Court ratified the ruling.
The company Juan Antonio Rivera SL also tried to evict a marriage of nonagenarians for those who existed the same agreement as with the Herrera: leave them there until they die. That is why the family is very irritated with the proceeding of the company. Remember that it is not new. “They knew what there was, they knew what they bought, that poor people lived there. But he will have advised, of course, ”says Miguel Ángel, in reference to Juan Antonio Rivera, president of the company that bears his name.
The man also regrets that the Church did not ask them if they would have liked to take the house owned before selling it. In a report published in 2014 in the newspaper The countrythe parish priest of San Ginés at that time, Antonio Perera, said that “he did not have” why inform the reason for the sale and that “there was a serious reason and became.” The Episcopal Vicar of Lanzarote, Fuerteventura and La Graciosa, Juan Carlos Medina, avoids giving more details and emphasizes that this decision was taken by the Diocese of the Canary Islands.
“The Church took a poor house to give it to a rich one,” concludes Miguel Ángel. “And my mother was loaded, because she was an older person, epileptic and with everything that happened … she never forgot my brother, who died, and when this happened [el intento de desahucio] He ended up dying of sorrow for what they did. ”
The scenario is even more unfavorable for the Herrera after the Popular Party (PP), Juns and Vox rejected the Omnibus decree this week that included the extension of the anti -skucios moratorium for the most vulnerable. The spokeswoman for the Stop Platform Evictions in Gran Canaria, Elena Suárez, is likely that “everything that could have been paralyzed” last year this course is reactivated.
“It will mean an increase in eviction because existing resources will not arrive on time. Thanks to the social shield, many families have been able to breathe a little to be able to look for an alternative ”, but it remains to be seen what happens now, Remacha Suárez. The spokeswoman details that the association attended 1,068 cases of people with threat of eviction in Gran Canaria in 2024 and remarks that “we not only talk about a number, since each case is a family unit with minimum three members, single -parent families, gender victims …
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