WHAT ARE EASEMENTS?

An easement is a real property right that allows the owner of one piece of land (known as the dominant estate) to exercise certain uses over a neighboring property (the servient estate), or to restrict the use of that property, provided it offers a direct benefit or utility to the dominant estate. This legal relationship creates a connection between two properties: the dominant estate, which benefits from the easement, and the servient estate, which bears the burden.

In the context of the Plurinational State of Bolivia, the concept of easement is comprehensively regulated under civil law and plays a critical role in common situations such as access to public roads, water usage, or the installation of utility lines. For example, a property with no direct access to a public road may benefit from a right-of-way easement over an adjacent parcel, thereby securing lawful access.

ESSENTIAL CHARACTERISTICS OF EASEMENTS

Bolivian law establishes that an easement is inseparable from the dominant estate, meaning it is automatically transferred along with the sale or conveyance of that property. Simultaneously, it constitutes a permanent legal burden on the servient estate, regardless of future changes in ownership.

Additionally, easements may be perpetual unless otherwise stipulated in the constitutive act or by a subsequent agreement between the parties.

LEGAL CLASSIFICATION OF EASEMENTS

The current civil code provides for different types of easements based on their nature and manner of exercise. The law recognizes four main categories:

Continuous easements: Exercised without human intervention. A typical example is a drainage easement where water flows naturally and continuously.
Discontinuous easements: Require human action to be exercised, such as a right-of-way easement, where the holder must physically enter the servient property to pass through.
Apparent easements: Evident through external signs, such as paths, ditches, poles, or visible installations.
Non-apparent easements: Lack visible signs indicating their existence, which can lead to disputes if they are not properly registered or documented.

This classification is crucial for legal matters such as adverse possession (usucapion) or proving the existence of an easement, particularly in the absence of written documents or public records.

MODES OF ESTABLISHING AN EASEMENT

Easements may be established through various legally recognized methods:

By necessity (forced easements): Arise out of necessity and must be created through a court ruling or administrative act. A common example is a property with no access to a public road requiring a right-of-way easement.
By voluntary agreement: Created by mutual consent between parties, either through a contract or testamentary provision.
By adverse possession: When use has been continuous, peaceful, and public for the period established by law.
By the owner’s intent (destination of the owner): Occurs when a property owner divides a parcel and maintains conditions that imply the continued use of one portion for the benefit of another.

In conclusion, easements serve as a key legal tool to ensure the equitable exercise of property rights in situations where environmental or structural conditions require it. Proper understanding and application of easement law help prevent disputes between neighbors, enhance land use efficiency, and maintain the functionality of properties in both urban and rural settings.

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)

What is the difference between a forced easement and a voluntary easement?

A forced easement is imposed by law or public interest due to necessity, while a voluntary easement is established through mutual agreement between property owners.

Can I deny access to someone claiming an easement over my land?

Only if there is no legal or judicial act supporting it. If the easement is duly constituted, the servient estate owner must allow the authorized use.

How can I find out if my property is subject to an easement?

By reviewing the property registry, checking sale documents, or inspecting for visible signs of use such as paths or drainage systems.

Can an easement be terminated?

Yes, easements can be extinguished by waiver, by merger of both estates under one owner, by expiration of the established term, or by prolonged non-use as permitted by law.

Can an easement be sold or transferred?

No, it cannot be sold separately, as it is an accessory right to the dominant estate. It is transferred along with the dominant property when ownership changes.