La palabra del día: Derecho de Servidumbre

Servidumbre is a legal concept in Spanish law that refers to an easement or a burden placed on one property (predio siriviente) for the benefit of another property (predio dominante). This means that the owner of the predio sirviente must allow the owner of the predio dominante to perform certain actions on their land, such as accessing a road, installing utility lines, or using water.

Key Terms:
Predio dominante: This is the property that benefits from the servidumbre. For example, if your neighbor’s property has no direct access to a public road, they may have the right to cross your land (predio sirviente) to reach it. In this case, their property is the predio dominante.

Predio sirviente: This is the property that carries the burden of the easement. The owner must allow certain use of their land by the dominant estate. However, the predio sirviente remains fully owned by its owner, and the use by the predio dominante is typically limited to what’s strictly necessary.

Types of Servidumbre:
In our legal systems, there are various types of servidumbre, such as:Servidumbre de paso (right of way): A common type of easement, allowing one property owner to cross another’s land for access.
Servidumbre de luces y vistas (light and view easement): This type prevents a property owner from obstructing their neighbor’s access to natural light or scenic views.
Servidumbre de aguas (water easement): This allows for the flow or use of water from one property to another.
How Servidumbre is Created:
A servidumbre can be established in different ways, including:By agreement: Through a contract between property owners.
By law: Some servidumbres are legally mandated, such as those needed for public utilities.
By necessity: This occurs when one property is completely landlocked and requires access through neighboring land.
How Servidumbre Ends:
A servidumbre can be extinguished through:Mutual agreement between the parties.
Change of circumstances, such as when the dominant property no longer needs access.
Non-use for an extended period, as defined by law.
In summary, servidumbre is a practical and legally recognized way to manage property use between neighboring lands, ensuring that one property can benefit from certain rights over another.

add me
Whatsapp
Reddit