Legal Easements for Public Utility
Easements are real rights that benefit a holder, the owner of a real estate property or land, allowing them to use or benefit from a neighboring property. They constitute a genuine limitation on the property rights of the neighboring owner and are regulated in Article 530 of the Civil Code.
Legal Easements Between Private Parties
We are accustomed to dealing with legal easements that are imposed by law on one property owner for the benefit of another when necessary. Examples of such easements include:
- Easements related to water use
- Right-of-way easements
- Party wall easements
- Light and view easements
- Easements for building drainage
- Easements for distance and intermediate works for certain constructions and plantations
All of these are regulated in the Civil Code, Articles 552 to 593.
Voluntary Easements
In addition to these legally imposed easements, there are also voluntary easements. These arise from agreements or contracts between the parties, as established in Article 594 and following of the Civil Code.
Legal Easements for Public Utility
This article focuses on less common easements that typically only reach law firms when a private individual encounters them. Legal easements for public utility are burdens imposed on private real estate properties. These easements constitute a limitation on property rights in favor of public administration, creating a genuine real right over someone else’s property. Their purpose lies in managing public interest services and protecting the integrity of public domain.
Article 550
All matters concerning easements established for public or communal utility shall be governed by the special laws and regulations that determine them, and, in their absence, by the provisions of this title.
Article 550 of the Civil Code states: “All matters concerning easements established for public or communal utility shall be governed by the special laws and regulations that determine them, and, in their absence, by the provisions of this title.”
As stated in the cited legal text, their regulation is established by the special laws that govern them.
Easements for Public Utility
Easements for public utility, also known as administrative easements, aim at general interest or public utility. These easements may apply to various areas such as coasts, forests, electric and radio lines, financial interests, etc. It is crucial to understand that they are not merely burdens or charges but represent a real limitation on the property rights of the affected owners.
What Are Administrative Easements?
Administrative easements are restrictions imposed on private properties to ensure the proper management of services of general interest and the protection of the public domain. Unlike easements between private parties, these are established by law and do not require registration in the Property Registry, as their publicity is guaranteed by the corresponding regulations.
Areas of Application of Easements for Public Utility
Easements for public utility can affect different areas, such as:
- Coasts: Regulated by the Coastal Law, which seeks to protect and guarantee the sustainable use of the coast.
- Forests: Protects forest resources and regulates access and use of them.
- Electric and Radio Lines: Ensures the correct establishment and maintenance of the necessary infrastructures for electricity and telecommunications supply.
- Financial Interests: Restrictions related to the protection of the public administration’s economic assets.
How Are Administrative Easements Constituted?
Administrative easements are regulated by different regulations depending on their type and purpose. These regulations set the conditions under which restrictions are imposed on private properties to ensure compliance with public interests.
Regulation of Road Easements
Road easements are regulated in Law 37/2015 of September 29, on Roads, and Royal Decree 182/1994, which approves the General Road Regulations. These legal texts establish how lands near road infrastructures are affected, both by the existence and proximity of such facilities.
Regulation of Coastal Easements
Coastal easements are regulated by Law 22/1988 of July 28, on Coasts, and complemented by Law 2/2013 of May 29, which addresses the protection and sustainable use of the coast, as well as by Royal Decree 876/2014, which approves the General Coastal Regulations. This regulation comprehensively reinforces the protection of the Spanish coastline.
Regulation of Aeronautical Easements
Aeronautical easements are provided in Law 48/1960 of July 21, on Air Navigation, and Royal Decree 297/2013 of April 26. These must be adapted to the provisions of Royal Decree 584/1972, which regulates usage conditions and restrictions around airports.
Regulation of Easements for Power Line Passage
Easements for the passage of power lines are included in Law 24/2013 of December 26, on the Electricity Sector, and Royal Decree 1955/2000 of December 1, which regulates electric power. They are also subject to the provisions of the Civil Code.
Regulation of Easements on Public Water Domain
The easement on the public water domain is regulated by Royal Legislative Decree 1/2001 of July 20, which is the revised text of the Water Law, and Royal Decree 849/1986 of April 11, which approves the Public Water Domain Regulations.
Do Administrative Easements Have Access to the Property Registry?
Legal or administrative easements for public utility do not require access to the Property Registry. This is because the purpose of said public registry does not include these easements, as their publicity and awareness are guaranteed by the laws and regulations that govern them.
Reason for Exclusion from the Registry
Easements for public utility are imposed on citizens without the need for registration. The law establishes their existence and scope without requiring them to be registered, due to their nature and function in protecting public interest and managing services of general interest.
Case of Easement for Power Line Passage
This specific case recently came up in our office when a buyer showed interest in purchasing a house and a rustic land crossed aerially by electrical wiring. The buyer asked if it was possible to expand the existing house despite this easement.
Legal Requirements for Modifying Constructions Affected by Electrical Easements
The first thing we informed the buyer is that the electrical wiring constituted a easement in favor of the Red Eléctrica of Spain. Any construction modification had to be proposed to this organization. The regulations require sufficient information (documents and plans) to verify compliance with technical conditions and to determine if the modification would affect the power line.
Norms and Conditions to Maintain the Easement
Any action in the area of influence of the line, such as a construction extension, must guarantee the aerial passage and power line easement. This includes the right of passage or access for the establishment, surveillance, conservation, repair of the power line, and tree cutting if necessary. Also, municipal, regional, state, and community regulations must be complied with.
Consequences of Non-Compliance
The need to submit documentation to the corresponding organization to endorse the possibility of new construction was indicated. It is crucial to comply with these requirements, as a unilateral extension of the construction could result in severe fines and demolition of the work carried out without authorization or consent from Red Eléctrica.
Client Decision After Receiving the Red Eléctrica Report
After the client’s actions and receiving an unfavorable report from Red Eléctrica, they decided to withdraw from the purchase operation.
Carlos Baño Law Firm
Easements are very important as they constitute a real right over ownership. Additionally, there is the possibility of establishing them voluntarily. Therefore, it is highly recommended to consult with a specialist lawyer before establishing any type of easement. The problems that may arise are numerous, as easements represent genuine limitations on property rights.
Importance of Properly Regulating Easements
Easements are real rights that will always be associated with the property, limiting its powers. Therefore, it is crucial to regulate them correctly to avoid legal conflicts and protect the owners’ rights. 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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