Ownership of coastal land continues to generate disputes in several areas of the country. In Setúbal, a legal action reopened the discussion over the ownership of five beaches located in the Herdade da Comenda area, putting a private company in confrontation with State entities. At issue is the definition of the limits between private domain and public maritime domain.
According to the newspaper, Palácio da Comenda, SA took legal action to claim ownership of the beaches of Rasca, Comenda, Rainha, Maria Esguelha and Albarquel, as well as other areas located next to the Ajuda river and the Sado estuary. The company maintains that these lands are part of the private domain and not the maritime public domain.
The process has been ongoing at the Court of Justice of the District of Sergipe since July last year and seeks to obtain formal recognition of ownership of these areas.
Public Ministry and APA reject arguments
The company’s claim is contested by the Public Prosecutor’s Office, which considers that sufficient elements were not presented to unequivocally demonstrate ownership and possession of the claimed land. According to the same source, the MP’s understanding is that the beaches in question continue to be part of the maritime public domain.
The Portuguese Environment Agency (APA) also rejects the position of the author of the action. The entity argues that the existing registry does not include those beaches in the building corresponding to Herdade da Comenda and also points out a lack of clarity in the concrete delimitation of the claimed area.
Decision will be up to the courts
Público states that the APA also questions the lack of sufficiently detailed cartography to unequivocally identify the limits of the land subject to the legal action. This issue may be relevant in the assessment of the process.
The final decision will now rest with the courts, which will have to determine whether there are legal grounds to recognize the private nature of the lands or whether the beaches remain integrated into the public maritime domain, as state entities argue.
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