Access Rights

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    • #191951

      Hi.  We are attempting to purchase a property which is listed as a Farmhouse, it is properly registered etc so we have no issue here; and all the issues have or are being rectified.

      However, we have been left with an issue relating to the access to the property.   The land that the house is surrounded by is 2/3 part of the house but the important area – the land to the road is all owned by third parties.   There is a drive/track to the boundary and this has been used by the current owners without issue in the last 10 years.  They seem to think that we are making a huge issue out of wanting something more concrete than just driving across the private land of 2 people to access the house.   So in effect if the owners chose to they could fence off their land and prevent access to this house.

      Am I being reasonable in wanting to get a formal agreement of some kind in place for this access?  Also I am worried about all of a sudden finding that we have to start to pay to use it, I am more than happy to contribute to the upkeep as it seems the house is really the only property that uses the driveway.

      The thing is I really want this property and am prepared to wait for the issues to be sorted out – I know that sales/purchases are taking longer.  Although disappointed that we are not living our new life in the sun, I am willing to wait.

      Any reassurance would be welcome as this is our first attempt to purchase in Spain and I have to say the agent has not been particularly helpful at all!


    • #192011

      You need to have an escritura de constitución de servidumbre. Pls contact a lawyer.

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