Real Estate Easements

BASIC CONCEPTS

A real estate easement is a right on another owner´s real estate unit. The content of the right is the possibility of using the estate in a more or less full way.
These rights can be established by Law or by the will of parties.
Any owner can constitute on his property the easements he wants; always they are not against Law or Public Order.
The set up of these rights need to be done by Public Notary deed

DIFFERENT EASEMENT RIGHTS IN SPAIN

    • Natural easement for water descending

 

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What does this mean?
It means that if your rural house and plot are in a lower level to the adjacent one and a natural course of water comes down from the neighbor rural property, he, the owner— or better said, the waters— have rights for this to be allowed by you. You also need to allow the pass of all the earth and stones coming down with the waters.
You cannot do any work for the reduction of this course (unless there is a danger involved) and the favored owner cannot do anything to enlarge it.
So, natural waters…. have a natural right… to pass by what nature decides is its course. We, owners need to respect it.

    Party wall easement

A party wall is the legal situation that exists when two properties are separated by a common element, which belongs to the owners of these. Easement is presumed unless there is title, outward sign or proof to the contrary.
This easement is not compulsory and therefore it can only be established by the will of the adjoining owners. Rights attached to it are therefore what parties agree unless the
presumption worked, case when the following rights will exist by force of Law:

1. Repairing obligations are proportional to each adjoining owner´s party wall rights.

2. Each owner is entitled to raise the party wall at his own expense and to compensate the damages that this can cause, albeit temporary. This owner will have to assume the corresponding maintenance costs.

3. Each owner is entitled to use the party wall in proportion to the corresponding rights on it.

    Easement of lights and views

 

:

    Lights

: Existence of holes to make light of neighboring property

    Views

: Opening windows or holes to enjoy views across the neighboring farm, and prevent any work that undermine or hamper them.

    Lights and views on party wall

. – To open windows or holes in the party wall, it is only required the consent of the other, or other owners.

    Tolerance hollow

: The owner of a wall, which is not a party wall, can open windows or hollows on it provided that:

-Are immediate to the roofs.

-Its dimensions are 30 cm square and

-Have iron bars tucked into the wall with wire netting.

    Direct views

Straight windows, balconies or other similar projections on a property next door cannot be opened if there are not two meters of minimum distance between this and the neighboring one.

    Sides or oblique windows

cannot be opened if there is not 60 cm of distance from the line separating the two properties.

If by any title, an owner has a right to have direct views, balconies or viewpoints on the adjacent property, the owner of this passive estate cannot build nearer than three meters from the other one

    Natural drainage of buildings

 

: The owner of a building needs to have their roofs in a way that will permit rainwater to fall on their own ground or on the street or public place, and not on the floor of the neighbor. Even falling on own ground, the owner is obliged to collect waters in a way that will not cause damage to adjacent property.

    Legal easement for drainage

 

: This legal easement applies when the yard or patio of a house is nestled among others, and it is not possible for the waters to be drained through it. This way, waters will be given way through the point of the contiguous land where the exit is easier. The drainage channel will be set so damages to the adjacent property will be the minimums, previous due compensation.

    Voluntary easement for rooftops

 

: The owner of the property which receives waters from adjacent owner´s roofs can build either receiving waters on his own roof or giving them another outlet according to local regulations or customs so that the adjacent owner is not damaged.

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