What is an Easement of Way

The easement of passage is a real right through which the ownership of a property (servient property) is limited, so that, from it, one can leave or enter another property (dominant property).

The right of way is regulated in title VII (of easements) of the Civil Code, chapter II (of legal easements), section 3 (of right of way), between articles 564 and 570.

According to the literality of article 564 of the Civil Code, The right of way will take place when the owner of a property cannot exit onto a public road. In that case, you can claim your right to pass through neighboring farms.

When establishing the right of way, the following guidelines must be taken into account regarding the way of dividing the land:

  • It has to be created in the area that least harms the other property. If the above is not possible, it will be done where there is less distance between the other property and the public road.
  • The right of way will have just the necessary width.
  • At the time when the right of way was no longer necessary, the owner of the servient property could request its extinction.

If the owner of a property needs to move materials through another property, or place some scaffolding or other object necessary for a work, the owner of that other property has to consent, but may be compensated for it.

If we are faced with a right of way for livestock, we must take into account the ordinances and regulations of the sector, or the use and custom of the place in the absence of the above. In addition, the measures and other indications of article 570 of the Civil Code will be respected.

If you have questions about this matter because you are affected by something related to it, do not hesitate to contact us. We are a Firm specialized in Civil Law, boundaries and properties.


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