joshrothmann's blog

I'm looking at a property in San Juan Del Sur. There's a single access road to the property which appears as part of the property in the property plano and is completely bounded by all the property survey points. But it's described in the escritura as a "servidumbre".

What's a servidumbre? Is it a private access road to one's property, or is it a communal road that is publicly available to everyone.

Here's what seems to be the relevant except:

"...Correspondientes a los mojones o puntos 23 del plano que me muestra y tengo a la vista debidamente firmado, sellado y aprobado por las oficinas catsastrales de Rivas, con un azimut de 93 degree-20'-18"; punto en el que se inicia un camino de penetracion que en esta Escritura se establece como ***servidumbre de Paso a favor del senor XXX XXXXX XXXX (owner)***, camino que se enrumba hacia el Norte a partier del punto venti cuatro del plano, el cual se describe en su flanco o banda Occidental asi...."

"....existe una distancia de 9.24m, que define la boca de entrada o espacio entrae la banda izquierda del camino y el inicio de la banda derecha, con azimut de 63*-44'-16"...."

Again, is this a private access road that i would have the right to prohibit others from using? Or is it just a communal road that I would have right of access to, but would not have the right to prohibit others from using?

Key question that will decide whether I'll go for this property or not. Plan to check with a lawyer or two, but given what I've read on this board, the quality of legal service in this country is all over the map, and it's a good idea to get multiple opinions from lawyers and non-lawyers with experience in these matters.

Help please.

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