Rights of Way – Information please

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This topic contains 2 replies, has 3 voices, and was last updated by Profile photo of Anonymous Anonymous 10 years, 10 months ago.

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  • #51529
    Profile photo of Anonymous
    Anonymous
    Participant

    Does anybody know the law on vehicular access ?
    Reason for asking is as follows:
    A friend bought a property near to us in September 2004 and vehicular access to the property is over a track that passes over land belonging to 3 other properties. The house was built in 1984 and access has always been over the same ground.
    One of the owners of the other properties is now trying to deny access through their ground.
    Is there a time limit whereby, if access has been enjoyed, then it cannot be denied ?

  • #60749
    Profile photo of Anonymous
    Anonymous
    Participant

    It’s that the only access to your/his property? I mean… could you possibly make an other vehicular access to a public road? (not crossing other property)

    Spanish law grants owners of properties surrounded by others and with no direct access to a public road the right of passing through your neighbour’s land (you have to pay a compensation though)

    Have you read your tittle deeds? Does it say something about ‘servidumbre de paso’ or ‘derecho de paso’? you should check, as most of times these rights may be specifically recognized there (you could additionally ask for a ‘nota simple informativa’ of your neighbour’s properties at the Land Registry as that would tell you if their deeds also recognize your right)

    In the other hand, the ‘time limit’ to acquire an ‘easement’ which I think is the best translation for the Spanish legal term ‘Servidumbre’ -an interest in land owned by another that entitles its holder to a specific limited use or enjoyment- (MW Dictionary) is 20 years in Spain (if it’s not in the tittle of you do not have a right to be protected as you have an other way of accessing a public road)

  • #60770
    Profile photo of Anonymous
    Anonymous
    Participant

    Cesar – Thank you for the information, which I have now passed on to my neighbour, with the advise that he consults a local solicitor.

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