This article explores the purpose and application of the confessory action, how it works, and its distinctions from other similar legal remedies, with practical examples for better understanding.
CONFESSORY ACTION IN BOLIVIA: HOW IT WORKS AND WHY IT MATTERS
The confessory action allows an easement holder to turn to the courts when their right is denied or obstructed, whether by the servient property owner or by third parties. For instance, Mrs. Elena owns a water conduit easement that allows her to channel water through a neighboring estate. If someone builds a structure that blocks the pipeline, she may file a confessory action to request that the structure be removed to restore her right.
UTILITY OF THE CONFESSORY ACTION
- Obtain a court ruling recognizing the existence of the easement.
- Request the removal of any physical or legal obstacles preventing its use.
- Demand compensation for damages caused by the obstruction.
EASEMENTS AND IMMOVABLE PROPERTY: SCOPE OF THE CONFESSORY ACTION
According to Bolivia’s legal framework on real rights, the confessory action only applies to immovable property. This includes urban and rural land, as well as any type of real estate where an easement has been established.
DIFFERENCES BETWEEN CONFESSORY ACTION AND NEGATORY ACTION
These two legal remedies serve opposing purposes:
- Confessory Action: Seeks recognition of a real right, such as an easement.
- Negatory Action: Aims to declare the non-existence of a real right that another person claims to have over a property.
Brief Comparison:
| Characteristic | Confessory Action | Negatory Action |
|---|---|---|
| Purpose | Recognition of an easement | Denial of a claimed real right |
| Parties Involved | Easement holder vs. property owner | Owner vs. party claiming a right |
| Legal Objective | Reestablish and protect the right | Eliminate disturbances or false claims |
Don’t let a legitimate easement be obstructed or ignored. If your right is being hindered, contact us for personalized and professional legal assistance.
Frequently Asked Questions (FAQs)
WHAT MUST I PROVE TO WIN A CONFESSORY ACTION?
You must prove that the easement exists, that you are the rightful holder, and that someone is preventing you from exercising it.
CAN I FILE THIS ACTION IF MY RIGHT IS NOT REGISTERED?
Yes, but proving the existence of the right will be more difficult. Registration facilitates and strengthens your legal claim.
IS THIS ACTION SUBJECT TO A STATUTE OF LIMITATIONS?
Yes, it is subject to limitation periods. Acting promptly is highly recommended.
CAN IT BE USED AGAINST THIRD PARTIES WHO ARE NOT THE OWNER?
Yes, as long as those third parties are interfering with the exercise of the easement.
WHAT TYPE OF JUDGMENT CAN BE OBTAINED?
A judgment that recognizes the easement, orders the removal of any interferences, and, if applicable, grants compensation for damages.
- Civil Code of the Plurinational State of Bolivia
- Relevant civil case law on real rights
- National legal doctrine specialized in easements and real actions
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
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