Chile Forum

by **Rob** » Mon Feb 23, 2009 9:02 am

Hi,

We have a property close to Panguipulli. It’s situated along the road from Panguipulli to Coñaripe (Google earth 39°36'34.57"S/ 72°14'7.43"W). This road (road number 203) is not yet a very busy road but they drive fast and some drive very fast. Our access is in a curve of this road, and it is in this way that if we want to access the property someone has to get out of the car and watch if there is no traffic coming. For now we don’t live there yet and the only one that is accessing the property is the former owner to see his cows. Next to our part is still a part that is his, and he has to use our access. This year or next I want to make the access more save. So it is along the road and not on a angel of 90 degrees. The plan is to do this together with my ‘neighbor’, the owner of the cows. This are my plans.
My questions are; do we need permits for this kind of work? Do we have to make drawings of the plan? May we do it ourselves or do we have to contract somebody? What does it cost per hour to rent machinery and what does it cost per hour to have it done.

Thanks,
Rob.

by **admin** » Mon Feb 23, 2009 9:57 am

Not completely clear on the situation, perhaps you could post a sketch or something.

You should not need any sorts of permits in a rural area to do this, as long as it is on your land. If it is say on the neighbors land, you should have it surveyed and registered as a easement on the title so it can be clearly bought and sold with the property.

by **El ovallino** » Mon Feb 23, 2009 1:29 pm

Is this the same situation as to be described as "paso de servidumbre?

by **admin** » Mon Feb 23, 2009 1:45 pm

yea. There are official and unofficial easements. For example, by law neighbors have to give you access to your property if they cut you off, and there is no other way to access it, but they get to decide how you cross their property. Best is with a formal agreement, and then register it on the title so there are no problems later.

In the south, we rarely have problems getting agreements with neighbors for that sort of thing. Especially, if say you are willing to build a fence, a road, or pay a little money. Most the time neighbors will just give it to you for nothing, but it should be sealed with a formal contract. Handshakes are generally honored in the south, but best to make it official.

by **admin** » Mon Feb 23, 2009 1:48 pm

Kind of funny. The last one we did for a client, the neighbor (i.e. the seller of the original lot) misunderstood their legal obligations involved in giving the easement and went and built a road for our client. It was totally not required, but very nice thing to do.

by **El ovallino** » Mon Feb 23, 2009 2:16 pm

Thank for your information. The main reason I was asking for this "paso de servidumbre" is that "apparently one of my neighbours in Chile declined to do it. So, a relative close to me is suing the neighbour and took her to court. It is being a while, close to a year ,or so. I do not know the outcome of this situation. It has cost me, so far, close to 250.000 clp. Since I have not seen any paper work or details concerning this matter, I believe that this "court" deal is not happening....Or????

by **admin** » Mon Feb 23, 2009 3:31 pm

Court actions of that nature are typically fairly fast, at least to the point where something should have happened by now in terms of some sort of paperwork. 250,000 seems like a really low price for an action of that nature.

A little confused by how a relative could be conducting the law suit without a power of attorney. Are they an owner? Do they have a power of attorney?

Also, they do not need to give you access if there is some other means to access the property.

by **Rob** » Mon Feb 23, 2009 8:41 pm

Hi,

Just got back from work. I’ll attach a drawing and a photo of the property. We don’t have a problem accessing our property also my neighbor doesn’t have a problem accessing his property. He has to pass over ours, and everything is officially done, just to be sure. In the drawing ‘lota B3’ is ours. At this moment the access is like the red in de drawing. See also the photo. I want to make the yellow and the green. The yellow is for a little part on the property of the neighbor. To make it we need to excavate a little on the yellow. The green is a little lower than the road, so I want to use the leftover ground from yellow to make green the same height as the road and connect it with red, so the property is safely accessible from both sides. (For the ones how are familiar over the, it close to the power plant.)

by **Rob** » Mon Feb 23, 2009 8:42 pm

Here is the photo.

Chau,
Rob.

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Chile Forum

Who is online

Need Help In Chile?

Phone From Outside Chile: 1-917-470-9653 ( USA to Chile) In Chile Land Line: (56) 65 421 024 Cell Phone 747 97974 (From a Cell Phone in Chile dial with no other numbers)

Phone From Outside Chile: 1-917-470-9653 ( USA to Chile)
In Chile Land Line: (56) 65 421 024
Cell Phone 747 97974 (From a Cell Phone in Chile dial with no other numbers)