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QUESTION

  • I am a farmer and the farm next to my house, which also has a farming area, has been abandoned for many years, but now some guys have bought it and they want to install an irrigation pipe through mine. I don’t know if I have to leave them.

There are easements that are rights over another’s property. A farm (called dominant estate) may have an established right to use another (servient estate) for different needs, such as passage, water, etc. Are Easements can be constituted in writing or for its use for a long period of time, of course it does not seem to be yours, since it tells us that it is a novelty. Therefore, the first thing we would do would be to go to the property registry and consult the deeds of your property. farm to see if this real charge is recorded. There are also legal easements, so it would be necessary to analyze the layout of the properties, the possibilities of giving access to irrigation by other means, etc.

If the result of the investigation is that the neighbor does not have the right to pass through his farm, You can only do it if you reach an agreement in that sense. The property is presumed free and any limitation of the domain must be interpreted restrictively.

If the neighbor opts for fait accompli policies, you can always exercise a denial of servitude action to defend yourself against someone who, without title, tries to exercise a real right over his property. It will be the defendant who bears the burden of proof on the existence of the easement.

*The answer has been prepared by the law firm Echeandia & Alevito: www.echeandia-alevito.com


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