Property Easements Explained: Rights and Responsibilities
Easement of Way
The owner of a farm nestled among others, and at the end of a public road, is entitled to require passage through neighboring estates, after providing corresponding compensation. This passage must be established in the least harmful way to the servient estate and where the distance from the dominant estate to the public road is shortest. The width of that passage will be sufficient.
Easement for Material Passage
If, to build or repair a building, materials must be transported across a neighboring property, the owner of this neighboring property is obliged to consent, receiving compensation.
Natural Water Easement
Lower plots are subject to receiving waters that naturally, and without human intervention, descend from higher land, carrying earth or stones in their course. Neither the owner of the lower property can construct works to prevent this easement, nor can the owner of the upper property construct works that exacerbate it.
Riverbank Easement
This easement defines specific zones along riverbanks:
- Restricted Zone: 5 feet wide for public use.
- Police Zone: 100 meters wide with conditional land use for activities that develop.
The execution of any work or activity within these zones requires prior authorization from the basin authority.
Aqueduct Easement
To use water one is entitled to, through intermediate properties, there is an obligation to compensate their owners, as well as the owner of the lower property where water may filter or fall. Key considerations include:
- The width of the land for the aqueduct must be specified.
- Passage must be least damaging to the servient properties.
- Damages must be compensated.
Drainage Easement
When the enclosure or yard of a home is located amongst others and cannot drain collected stormwater naturally, it may be required to establish a drainage easement. This allows the waters to pass through an adjoining property at the easiest point for the drain to begin and settle, causing the least damage to the servient property, upon due compensation.
Dam Abutment Easement
If, to divert water from a river or stream, or to use other continuous or discontinuous flow, it is necessary to establish a dam, and the builder does not own the banks or properties needing support, an easement for dam abutment may be determined, after compensation.
Party Wall Easement & Co-ownership
This section defines various terms related to shared walls and property co-ownership:
Party Wall (Pared Medianera)
A wall built between two properties whose axis lies on the boundary between them. It belongs to both owners under joint ownership.Adjoining Wall
A wall built entirely on the ground of one owner, who solely bears the costs of its construction.Common Wall (Pared Común)
A party wall of lesser thickness that only receives small loads.Co-ownership (Medianería)
The legal situation that exists when two properties are separated by a common element that belongs to the owners of those properties. The co-owners are responsible for maintaining, repairing, and constructing the common element in the right proportion for each.Easement of Light
The owner of a non-party wall, adjacent to another’s property, may open windows or holes in it to receive light. These openings must be at the height of the ceiling or immediate roof, and be 30×30 cm in size. They must also be fitted with iron bars embedded in the wall and a wire mesh. Nevertheless, the owner of the property adjacent to the wall where the openings are made may close them by building up against the wall on their land.
Easement of View
Windows with a direct view, balconies, or other similar overhangs cannot be opened onto a neighboring property if a specific distance is not maintained between the wall being built and the property line. Similarly, an oblique or side view to the same property is not permitted if a 60 cm distance is not maintained. These distances are measured:
- For a direct view: From the outer line of the wall (or from the line of any overhang) to the neighboring property.
- For an oblique view: From the line separating the two properties.