Legal easements for public use
Easements are real rights that benefit a holder—the owner of real property or land—by allowing them to use or benefit from an adjacent property. They constitute a genuine limitation on the adjacent owner’s right of ownership and are governed by Article 530 of the Civil Code.
Legal Easements Between Private Individuals
We are accustomed to dealing with legal easements, which are established by law as obligations imposed on one property owner for the benefit of another when necessary. Examples of this include:
- Water Easements
- Right-of-Way Easements
- Joint Property Easements
- Easements for Light and Views
- Easements for Building Drainage
- Distance Easements and Intermediate Works for Certain Structures and Plantings
All of these are governed by the Civil Code, in Articles 552 through 593.
Voluntary easements
In addition to these easements established by law, there are voluntary easements. These arise as a result of agreements or arrangements between the parties, as provided in Article 594 et seq. of the Civil Code.
Legal easements for public use
In this article, we focus on those easements that are less common and that only come before law firms when an individual is faced with them. Legal easements for public use are encumbrances imposed on private real property. These easements constitute a limitation on property rights in favor of the government, creating a genuine real right over another’s property. Their purpose lies in the management of services of general interest and in the protection of the integrity of the public domain.
Article 550.
All matters concerning easements established for public or community use shall be governed by the special laws and regulations that establish them and, in the absence thereof, by the provisions of this title.
Article 550 of the Civil Code provides as follows: ‘’’All matters concerning easements established for public or community use shall be governed by the special laws and regulations that define them and, in the absence thereof, by the provisions of this title.’
Their regulation, as stated in the aforementioned legal text, is established by the special laws that govern them.
Easements for Public Use
Public utility easements, also known as administrative easements, serve the general interest or public utility. These easements can apply to various areas, such as coastal zones, forested lands, power lines, radio transmission lines, and financial easements, among others. It is essential to understand that these are not merely encumbrances or burdens, but rather represent a genuine limitation on the property rights of the affected owners.
What are administrative easements?
Administrative easements are restrictions imposed on private property to ensure the proper management of services of general interest and the protection of public property. Unlike easements between private parties, these are established by law and do not require registration in the Property Registry, as their public notice is guaranteed by the relevant regulations.
Areas of Application for Public Utility Easements
Public utility easements can affect various areas, such as:
- Coasts: Governed by the Coastal Zone Act, which aims to protect and ensure the sustainable use of the coastline.
- Mountains: It protects forest resources and regulates access to and use of those resources.
- Electric and radio transmission: It ensures the proper installation and maintenance of the infrastructure necessary for the supply of electricity and telecommunications.
- Financial: Restrictions related to the protection of the public administration's financial assets.
How are administrative easements established?
Administrative easements are governed by various regulations depending on their type and purpose. These regulations establish the conditions under which restrictions are imposed on private property to ensure that public interests are served.
Regulation of Road Easements
Road easements are governed by the Law 37/2015 of September 29, on Roads, and the Royal Decree 182/1994, which enacts the General Highway Regulations. These legal texts establish how land adjacent to road infrastructure is affected, both by the existence of such facilities and by their proximity.
Regulation of Coastal Easements
Coastal easements are governed by the Law 22/1988, of July 28, on Coastal Zones, and supplemented by the Law 2/2013 of May 29, which addresses the protection and sustainable use of the coastline, as well as the Royal Decree 876/2014, which approves the General Coastal Regulations. These regulations comprehensively strengthen the protection of Spain's coastline.
Regulation of Aeronautical Easements
Aeronautical easements are covered by the Law 48/1960 of July 21, on Air Navigation, and the Royal Decree 297/2013 of April 26. These must comply with the provisions of the Royal Decree 584/1972, which regulates the conditions of use and restrictions in the areas surrounding airports.
Regulation of Power Line Easements
Easements for the transmission of electrical power are covered by the Law 24/2013 of December 26, on the Electricity Sector, and the Royal Decree 1955/2000 of December 1, which regulates electricity. In addition, they are also subject to the provisions of the Civil Code.
Regulation of Easements on Public Waterways
Easements on public waterways are governed by the Royal Legislative Decree 1/2001 of July 20, which is the consolidated text of the Water Act, and the Royal Decree No. 849/1986 of April 11, which approves the Regulations on the Public Water Domain.
Do administrative easements have access to the Land Registry?
Legal or administrative easements established for reasons of public utility do not require access to the Land Registry. This is because the purpose of that public registry does not include these easements, since their public disclosure and awareness are guaranteed by the laws and regulations governing them.
Reason for exclusion from the registry
Public utility easements are imposed on citizens without the need for registration. The law establishes their existence and scope without requiring them to be registered, given their nature and function in protecting the public interest and managing services of general interest.
Case Involving an Easement for the Transmission of Electrical Power
This specific case recently came to our firm’s attention when a buyer expressed interest in purchasing a home and a rural plot of land with power lines running overhead. The buyer asked whether it was possible to expand the existing home despite this easement.
Legal Requirements for Modifying Structures Affected by Electrical Easements
The first thing the buyer was told was that the electrical wiring posed a Easement in favor of Red Eléctrica in Spain. Any changes to the structure must be submitted to that agency. The regulations require the submission of sufficient information (documents and plans) to verify compliance with technical requirements and to determine whether the change would affect the power line.
Rules and Conditions for Maintaining the Easement
Any activity within the power line’s right-of-way, such as a building expansion, must ensure the right of way for overhead lines and electrical power. This includes the right of way or access for the installation, monitoring, maintenance, and repair of the power line, as well as tree trimming if necessary. In addition, municipal, regional, state, and EU regulations must be complied with.
Consequences of Failure to Meet the Requirements
It was noted that documentation must be submitted to the appropriate agency to confirm the feasibility of new construction. It is crucial to comply with these requirements, as a unilateral expansion of the construction could result in severe fines and the demolition of any work carried out without the authorization or consent of Red Eléctrica.
The customer's decision after receiving the report from Red Eléctrica
After our client took the necessary steps and received an unfavorable report from Red Eléctrica, he decided to withdraw from the sale.
Carlos Baño Law Firm
Easements are of great importance because they constitute a real right over the right of ownership. Furthermore, it is possible to establish them voluntarily. For this reason, it is highly recommended to consult with a specialist attorney before establishing any type of easement. Numerous problems can arise, as easements represent genuine limitations on property rights.
The Importance of Properly Regulating Easements
Easements are real rights that are always attached to property and limit the owner’s rights. Therefore, it is crucial to properly regulate them to avoid legal disputes and protect the rights of property owners. Seeking specialized legal advice ensures that any easement is established in accordance with current regulations and the interests of all parties involved.
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