What's a Servidumbre?

Submitted by joshrothmann on 4 August, 2008 - 15:31.

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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Land must have access

Submitted by fyl on 4 August, 2008 - 17:08.

Easement or not an easement in U.S. terms is, well, different. Every piece of land must have some sort of access. If this road is "the" access for other land or closing it would restrict other access (for example, something that crosses it) then it must be made available to those that need to access their property.

Even if access is not defined, if "the way" to another property is through your property, they get to use it.

I know this doesn't really give you a good answer but it gives you at least the perspective needed to interpret a legal phrase or two.

easement...

Submitted by joshrothmann on 6 August, 2008 - 07:34.

The road is needed to get to the property I'm interested in (it's the only access road), but it is *not* needed to get to any other neighboring properties. This would seem to make it "my" road if I end up buying the property, giving me the right to exclude others. Hoping this is the case.

Do not assume that

Submitted by ATZ on 6 August, 2008 - 07:59.

You may have the right t use it, but might not be able to exclude others from using it as well....at least up to the border of your property. And, in the case where someone in "back" of you needed to get to their property (if there is that possibility with the land), it may be that this "easement" would be used by them as well...in which case, they would be allowed to drive right through your property. You need a good survay and a better lawyer.ZZT

Right of way so that the

Submitted by David_Tejada on 4 August, 2008 - 16:45.

Right of way so that the named gentlemen could get to the watering holes.

Servidumbre is kind of . . .

Submitted by Nicaven on 4 August, 2008 - 15:37.

I was recently in Nicaragua and found that "Servidumbre" is an "Easement" on a property . . .

Does that make it a communal road...

Submitted by joshrothmann on 4 August, 2008 - 15:40.

even if it's completely bounded by property border points in the plano?

Servidumbre

Submitted by nicareal on 6 August, 2008 - 14:35.

The situation you described does NOT give you the right to exclude anyone else from using the Servidumbre. It is a right to access the property in question. Ownership remains (in theory)with the property owner that gurantees you access in the escritura.

If you are interested in the property that is providing the access you will never be able to prevent people from accessing their property via the Servidumbre.

If you wish give Adan Solorzano 563 3967 in Rivas a call. He'll look at the problem for you and give you a straight answer.

to be honest

Submitted by Nicaven on 4 August, 2008 - 16:08.

I'm not sure . . .

Easement

Submitted by cookshow on 6 August, 2008 - 18:52.

What the nice people here are not telling you is that if there is access to your land you must provide access to any land next to or behind you, build the road now before they decide it must run beside your house.

Think I am kidding? Check it out.