Before buying a piece of land it is of course a good idea to know if your private gated community has a private road.
Snce 7 years there is an on going court case between Tropical living and a neighbour Bob Young about if Bob could use the road for access to his property. Due to one reason or another, Bob has a court case to gain access to the entrance and the result of his winning is that the road becomes a public one. Who ever is right or wrong is not the issue in this post. the point I try to make is that people have a right to know what the status of any actions on such issues that affect what they are buying. The lots are sold under the disguise of a gated community with a private access.
Of course, Peter hasn’t informed anyone buying that there is a problem with the status of access to the domain. I assume to not have negative sales.
I find this sort of behaviour unethical. As he sells a gated community whilst fully knowing that there is a problem with the concept he sells.
If Peter had negotiated properly in the first place with Bob then the situation would not have degenerated to what it is today and a gated community would have been safely assured. As it is residents are now unsure if the road is private or public.
Of course, if it is made public then this will be an extra cost to residents to police the entrance (i.e. In order to allow public access albeit surveyed by guard).
ptaduarteresidents 
YOU DECIDE by Bob Young, Finca La Barra
translated document
REPUBLIC OF PANAMA
MINISTRY OF LIVIl\IG
DIRECTION OF URBBAN DEVELOPMENT’
RESOLUTION NO. 266•2008
22nd of October, 2008
“For which we deny the assignment of private road to the existing road in
the farms. 54238, 30000, 54239, 47876, 47015 and 43264, located in the
village of La Barra, Community of Quebro, District of Mariato, province of
Veraguas.”
THE DIRECTOR OF URBAN DEVELOPMENT, THROUGH THE
USE OF THEIR DELEGATED AUTHORITY
That competence of the Ministry of housing, in accordance with the literal
‘q’ of the article 2 of the law 9 of January 25, 1973, raise, regulate and direct planes regulators subdivisions, zoning, housing developments, official maps, lines of construction and all other matters requiring the planning of cities, with the cooperation of municipalities and other public agencies
In the Direction of urban development we received a formal application
frorn the architect Fatima Soto and peter huss, le~~al representative of
Tropical living SA and Tropical Living Duarte SA to assign as private road
with a width of 12.8 meters the existing road on farm Nos. t>4238, 30000,
542:39,47876,47015 and 43264, located in the village La Barra,Community
of Quebro, district of Mariato, province of Veraguas property of the
mentioned companies.
July 17, 2008, Lady Estenia Vargas Pinto, owner of the farm No. 37232,
document 1, roll 1, also located in the village of La Barra, filed a notice of
opposition; basing it on the fact that part of the road which the people are
trying to declare private, has been built on part of her estate and that
apprroved as requested would prevent the passage to other owners who
have access to their respective estates, through her farm no. 37232
That by letter of 5 August 2008, lic. Luis Gonzalez R., in the name of and
on behalf of Finca La Barra, Inc. , owner of the Finca 32198, document
288259, seat 1, located in the village of La Barra, requests a declared
public use of the existing road that is declared free access on public
easements, and existing registers. He opposes the request submitted by
Tropical Living, SA and Tropical Living Duarte, SA
Finca La Barra Inc. based it’s opposition on the fact that their farm is devoid
of free access and that the way that it is requested to declared as private
road, is already written as an easement and registered in the public registry
During an inspection carried out in reference to the access road it was
noted that there was a road cut and enabled with select material that runs
from the main road to Mariato, up to the residence of peter huss in the
Finca No. 43264, which is used privately localizing the access by the same
and was restricted by a large gate at the entrance;
That through the certificates of Cadastral parcels, which are registered in
the Public Registry, there was established this easement to the farms
54238,30000,54239,47876,47015 and 43264, above and to the Finca
No. 32198.
That at present a conflict exists between all these farms for the use of the
easement, conflict which solution does not appear inside the faculties of the
Department of Housing
That although, after there relapses into the same person the ownership of
the dominant property and the subservient property, is among the grounds
or ways to extinguish the easements, as in the case of farms owned by
Tropical Living, SA and Tropical Living Duarte SA, but does not fit to the
Ministry of housing, the aboved mentioned declaration either;
That based on the above:
WE RESOLVE
FIRST ARTICLE: Deny the assignment of private road to the existing road
in the farms 54238,30000,54239,47876,47015 and 43264, located in the
town of La Barra, area of Quebro, district of Mariato, province of Veraguas,
property of Tropical Living SA and Tropical Living Duarte SA, legally
represented by the mr peter huss.
SECOND ARTICLE: Send authenticated copy of this resolution to the
Regional Directorate of the Ministry of Housing and the Municipality of
Mariato in Veraguas province.
ARTICLE THREE: Against this resolution comes the recourse of
reconsideration and appeal, within five working days of it’s notification.
LEGAL FOUNDATION: Law NO.9 the zs” of January, 1973
Law NO.38 the 31st of July, 2000