easement and right of way

Postby bearbear1 » Sat May 30, 2009 4:13 pm

I recently purchased a piece of land in patagonia that was part of a larger tract of land. When the land was divided up, I was able to purchase a piece. The land that i purchased is a peninsula and the only way accessible is through the other tracts of land- owned by other people. Is there a law that says that i am allowed to traverse the other land to get to my property? if so how do i find this law. The land owners that surround me want me to pay them a fee to get to my property. Any ideas

thanks
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Re: easement and right of way

Postby MikieO » Sat May 30, 2009 5:06 pm

Admin will have the best input here, but I was told that Chilean law forbids "marooning" a plot of land, my atty maintained that a lot cannot be land locked. Don't open your checkbook yet, but be nice. Whoever is forced to give you the easement probably won't like it.
“Now, a lifetime of experience has left me bitter and cynical.” ~ Calvin & Hobbes
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Re: easement and right of way

Postby bearbear1 » Sat May 30, 2009 6:09 pm

i heard the same thing about not being allowed to isolate a piece of land, but i really need to find the actual document or law that says this. I am willing to pay my neighbors something as a show of good faith- but honestly they are demanding a ridiculous sum of money and there are 4 of them with differnent pieces of land... so if anyone knows where i can find this law or how to go about remedying this situation without either losing my shirt or getting shot that would be great.

thanks
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Re: easement and right of way

Postby MikieO » Sat May 30, 2009 8:05 pm

E mail the admin, in all things legal, he's the "go to guy".
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Re: easement and right of way

Postby el puelche » Sat May 30, 2009 9:21 pm

xxx
Last edited by el puelche on Thu Apr 28, 2011 8:10 pm, edited 1 time in total.
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Re: easement and right of way

Postby bearbear1 » Sun May 31, 2009 7:30 am

Regarding the camino vecino ..m I allowed by law to put in a road? The distance is about 3k and the piece of property that we own is 200 acres. Also what about bringing in electricity. Actually I am considering solar if I have to. Any shots on that. Thanks
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Re: easement and right of way

Postby admin » Sun May 31, 2009 1:33 pm

Thanks for the recommendation guys.

sorry, I am on trip right now and do not have a lot of time to go in to big detail.

They must by Chilean law give you access to your property. You must compensate them for the easement, but if you can not agree to a price then a judge will determine the fair market value of the easement. We highly recommend given the circumstances that this be a formal easement registered on the title, so you do not get say double charged later for it and it can be sold as a right with your property. Needless to say, pay nothing and sign nothing without an attorney in these situations.

I think more than that general info, we would need to discuss in more detail the specific situation and that is best done by email or phone rather on a public forum.
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