An easement may be established for the benefit of a property or for the benefit of one or more persons. Any owner of land may construct such easements as he deems appropriate, provided that this is not contrary to law or public order. The main difference between a public highway and a right-of-way easement is that on public roads, the right of way applies to everyone; While in the passage of servitude is the right against the owners who hold the domain (although this can also be collective or public). Spanish legislation stipulates that the measurement of the right of way depends on the needs of the dominant property. Only the dimensions of easements for cattle roads are determined: without affecting acquired rights, the gorge must not exceed 75 meters, ropes 37.5 meters and sidewalks 20 meters. The owner of the dominant property may, if he does not enter into an agreement with the owner of the property of the officer on the transfer of the easement, apply for constitution. If the Constitution is mandatory or required by law, the owner of the employee`s property is entitled to compensation for the land he uses. The Law on Horizontal Property provides for the creation of easements and easements for private elements if they are necessary for the execution of works or the creation of infrastructure for the provision of common services. In addition to the passage of the easement to be able to enter one property through another, other easements of the passage are built for the installation of community infrastructure on private land.

Servitude is a right without possession of another person`s property. The “non-possession” nature of trail easement is one of its key (and potentially confusing) features. An easement allows its owner to use the encumbered asset, but without possession or possession. What constitutes an unreasonable burden or interference depends on the circumstances of the situation. For example, increased traffic on an easement to a beachfront hotel does not necessarily impose an unreasonable burden on the owner. But traffic resulting from the transformation of dominant property from private to commercial use may impose an excessive burden on service goods. For example, one of the most common transit facilities occurs when a parcel of land (usually a rustic farmhouse of agricultural type) crosses another parcel or, among other things, is located without exit on the public road. In this situation, the second property has the right of way over the first. If the owner of the service property divides his land, each of its parts must tolerate it in the part corresponding to it; Then, when the dominant is divided, any owner can use it completely, but without changing or aggravating it.

Now, what if you have a lot with no exit on the public road or you can`t get it without excessive expense or hardship? The Civil Code stipulates that the owner has the right to demand passage through neighboring properties for the use and operation of the same property. When the judicial authorities have taken a final decision, it may be provisionally constituted, subject to a guarantee of compensation and damages equal to the value of the land requested and the damage caused by this fee. The same provision applies to those who, after passing ownership of someone else, must widen the road to drive a vehicle for the same purposes. The easement of way or easement of easement is the right of one property (dominant) over another (servant) to enter and leave it: a part of private property restricted by someone else`s right to cross the infrastructure or grant access to the property. When assessing a transfer of easement before forced expropriation, two factors must be taken into account: The transferability of easements must also be taken into account when concluding a real estate transaction. Portability depends on their nature (i.e. whether they are accessories or personnel). Typically, a secondary right of way is transferred with the controlling property.

This applies even if it is not mentioned in the transfer document. In addition, the general rule is that easements are permanent. Article 753.- Servitude consists of not doing or tolerating. In order for the owner of the employee`s property to be obliged to perform an act, it is necessary that this be expressly provided for by law or in the act in which the servitude was established. The establishment of the servitude in this case may have a price (determined by a contract of sale), compensation (if it is a forced expropriation) or free (if it is formed orally or in writing between persons or as an inheritance). Easements required by law are for the benefit or public interest of individuals. The right of servitude comprises two subjects: although the right of way originally applied in the Civil Code as the right of one property over another to a part of the property for access to the first, in practice it extends to many other situations. The Civil Code establishes six types of easements, including the right of way, which we will examine in detail in the following sections. The easement of the passage can be done on any type of plot: urban or rustic. However, the type of easement crossing (access to public roads in rural areas) is more common on rustic soils. Another difference between the public highway and the right of way is property: the public highway belongs to a state or municipal institution; while the passage from servitude to private property is constituted.

Easements may require an assessment or assessment in several cases: for example, when legal or forced passage is established and the owner of the service property must receive compensation for the occupied land; or if it is created voluntarily in exchange for an economic advantage. To estimate a right-of-way easement, it is necessary to have a leveling company that has technicians trained and experienced in agriculture or construction.