The Cabàs path that connects Alaró and Bunyola is now open to the public

PalmThe Cabàs path, which connects Bunyola and Santa Maria, is now officially public property along its entire length. This has been recognized by the Court of First Instance No. 23 of Palma, which dismissed the lawsuit filed by several properties near the path against the Santa Maria Town Council. The lawsuit alleged that the council had included the path in its inventory of publicly owned municipal assets in 2014, claiming that the path had been privately owned since time immemorial. Later, the Bunyola Town Council voluntarily joined the case in support of the path's public ownership. According to the plaintiffs, the Town Council had never carried out any maintenance work and there was no physical evidence of the path's public ownership. The ruling, which ARA Baleares has accessed, also points out that the Town Council had acknowledged the path's private nature by collecting taxes such as the IBI (Property Tax). The town councils of Bunyola and Santa Maria, for their part, argued that deeds and documents from the 19th and 20th centuries refer to the Alaró road, and that elderly residents of the municipalities recognize it as a public right-of-way.

They also pointed out that the fact that the road does not appear in the property registry description is not proof of its private nature. The town councils also noted that from 1848 onwards, the most important communication routes were declared local roads, but this did not affect the fact that the remaining roads and paths within the municipality continued to be public. The councils also maintained that conservation work had been carried out.

The court, for its part, considers the immemorial use of the path to be proven, basing its decision, among other things, on the fact that the oldest residents of both villages recall its regular use for traveling between them. The judge also points to historical documentation, maps, expert reports, and studies that describe the path as a traditional route. The judge therefore considers it proven that the path was historically a public thoroughfare between Bunyola and Alaró, used since time immemorial by residents, schoolchildren, and workers, with documentary evidence dating back to the 16th century. Consequently, the court orders the property owners to remove any barriers or enclosures that impede access along the path and requires them to pay the court fees.

In a statement, the Friends of the Coanegra Valley association celebrated the decision and thanked the town councils of Santa Maria and Bunyola for maintaining the legal challenge against the property owners and defending the public ownership of the entire path along its length within the municipal boundaries of Santa Maria and Bunyola, as well as the witnesses and the economist who participated in the case.