VOLUNTARY EASEMENTS IN BOLIVIA

Voluntary easements are a legal mechanism that allows property owners to strategically manage their assets by enabling the use of one property for the benefit of another. In the Plurinational State of Bolivia, this legal figure plays a significant role in rural, urban, and land-use planning contexts. For example, a voluntary easement may be used to grant access through private land to a public road or water source.

HOW TO ESTABLISH A VOLUNTARY EASEMENT

A voluntary easement is established through the express decision of the property owner, who may formalize it by contract between parties or through a will. This means that no legal or judicial obligation is required; it is sufficient for the titleholder to voluntarily grant a right over their property in favor of another estate.

For instance, a property owner may agree with a neighbor to allow vehicular access through a road crossing their land, and this agreement can be documented in a private contract or public deed.

EASEMENTS IN CO-OWNERSHIP SITUATIONS

When the land over which the easement is to be established is owned by multiple individuals, the consent of all co-owners is mandatory. The will of a single owner is not sufficient. This requirement helps prevent future conflicts and ensures that the rights of all titleholders are respected.

A common scenario arises when several siblings inherit a parcel of land without formally dividing it. If one of them wishes to establish a right of way in favor of an adjacent property, they must obtain the consent of all other heirs for the easement to have full legal validity.

LEGAL LIMITS ON EASEMENTS IN CASES OF USUFRUCT

Even if the property owner retains title, the presence of a usufruct—meaning another individual holds the right to use and enjoy the property—introduces additional considerations. The owner may establish a voluntary easement only if it does not infringe on the rights of the usufructuary.

For example, if the usufructuary uses the land for agricultural purposes, an easement cannot be imposed that hinders those activities, such as the installation of permanent structures that occupy cultivation areas.

CONCLUSION

Voluntary easements offer a flexible tool to adapt the use of real property to specific needs, provided the rights of third parties—such as co-owners or usufructuaries—are respected. The validity and enforceability of these easements depend on compliance with formal requirements and respect for the legitimate interests of other parties with rights over the property.

If you are dealing with a matter related to easements, our law firm offers expert legal advice on property rights, including the establishment, regulation, or termination of easements. Contact us today for specialized legal assistance.

Frequently Asked Questions (FAQs)

Can I establish an easement without a contract?

Yes, an easement can also be created through a will, as long as the owner’s intent is respected and third-party rights are not violated.

What happens if one of the co-owners disagrees with the easement?

Without the consent of all co-owners, the easement cannot be legally established.

Can a usufructuary block the creation of an easement?

A usufructuary cannot block the easement if it does not affect their right to use and enjoy the property. However, if it causes harm, the easement cannot be imposed.

Can a voluntary easement be terminated?

Yes, it can be terminated by mutual agreement, by the beneficiary’s waiver, or if its use becomes impossible.

Is it mandatory to register the easement?

While registration is not required for its existence, registering the easement with the Office of Real Rights provides stronger legal protection against third parties.