BASIS FOR THE EXERCISE OF EASEMENTS
The primary foundation for exercising an easement lies in the agreement that gives rise to the right, commonly known as the constitutive title. In the absence of such a document, the usual usage during the previous year is used as a criterion to determine the extent and manner of exercising the easement. This temporal reference is key to avoiding disputes when there is no documentation delimiting the burden on the servient property.
ACCESSORY RIGHTS IN EASEMENTS
The law recognizes that certain rights are implicitly connected to others. For example, if a person has the right to extract water from a source located on another’s land, they automatically have the right of way to access that source. These accessory rights do not need to be explicitly stated in the constitutive title, as they are considered essential for the full exercise of the principal right.
Furthermore, the owner of the dominant property is entitled to carry out, at their own expense, the works necessary to maintain the easement. This principle ensures that the servient owner does not bear costs for a burden that does not directly benefit them. However, the parties may agree on different conditions at the time of establishing the easement.
LEGAL LIMITS ON EASEMENTS
Neither the owner of the dominant property nor the owner of the servient property can unilaterally modify the original conditions of the easement. The former cannot make changes that increase the burden or inconvenience on the servient land, while the latter cannot take actions that limit or hinder the dominant owner’s right.
In certain cases, it is permissible to relocate the exercise of the easement to another part of the servient property. This is allowed when the original location causes greater inconvenience or prevents improvements on the servient estate. The proposed relocation must guarantee equivalent conditions for the dominant owner’s use, who cannot object unless they are negatively affected. Similarly, relocation to a third-party property is possible if that third party gives consent.
WHAT HAPPENS TO THE EASEMENT IF THE PROPERTY IS DIVIDED?
When the dominant property is divided, each resulting part may continue to benefit from the easement, provided it does not impose an additional burden on the servient property. However, if the benefit is limited to only one of the portions, the right is extinguished for the others. Conversely, if the servient property is divided, the easement remains only with the portion directly affected by the exercise of the right, releasing the other parts from the burden.
CONCLUSION
The legal framework for easements in Bolivia aims to balance the interests of both the beneficiary and the affected landowner by establishing clear rules on how these rights must be exercised. Customary use, respect for agreed terms, proportionality of burdens, and the ability to adapt the exercise of rights to new circumstances ensure peaceful coexistence among property owners. The analyzed rules help prevent abuse and promote the fair and efficient use of real estate.
Our legal team provides specialized services in real property rights, including advice and representation in easement-related matters. If you are facing a case involving this legal concept, contact us for expert legal assistance.
Frequently Asked Questions (FAQs)
What is a real estate easement?
It is a right that allows the owner of one property (dominant estate) to use, in some way, a neighboring property (servient estate) for the benefit of their own.
Can I change the location of a right-of-way easement on my property?
Yes, if the original location prevents improvements or causes greater inconvenience, as long as an equally convenient alternative is offered without harming the easement holder.
What happens if there is no document supporting the easement?
In the absence of a constitutive title, the way the easement was used during the previous year is taken into account to determine its limits.
Who is responsible for maintaining the easement?
Generally, the owner of the dominant estate must cover the maintenance costs, unless otherwise agreed.
Can an easement be extinguished if the dominant property is divided?
Only if the easement does not benefit all the resulting portions; in that case, it is extinguished for those that do not use it.
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.
