Acces permitted

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Rob
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Acces permitted

Post by Rob » Sat Feb 18, 2017 11:23 am

Hello to all,

On my terrain is the acces of my terrain and that from the neighbour. When we start living there we want to put some cabañas to make some money. Now I found out that the neighbour want to sell his terrain in de (near) future. Fine by us. Just one thing, we don't want a highway on our terrain. If he decides to sell all in small parts, we get a lot of neighbours. That on it self is not the problem, but I dont want them all to pass over our terrain. Other option is that the buyer of the terrain wants to put cabañas too. Also fine. But then it means I have the costumers of the neighbour on our terrain.

We know there is a law that says that we have to give permission to pass over our terrain. But is there also a way that we can prevent to give access to everybody? Specialy when its about a lot of passings.

And if there is a way to prevent this, I guess we make a contract and put is with a notary. But is that then sufficient?

Regards,
Rob

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Re: Acces permitted

Post by admin » Sat Feb 18, 2017 12:07 pm

Is there a registered easement on your title for the access?
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Re: Acces permitted

Post by Rob » Mon Feb 20, 2017 4:00 pm

Hi, Thanks for the fast reply.

On your question I have to get back. The contract is full of numbers of all kind of laws. And my spannish is not good enouhgt to read that.
My brother in law is reading the papers I have at the moment. So give me some days to get back on it.

Rob.

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Re: Acces permitted

Post by Gloria » Mon Feb 20, 2017 7:52 pm

What you need to look at is: PLANO DE SUBDIVISIÓN. Is the map of your land. There is written what´s yours and its limits. I hope it was registered at the CONSERVADOR DE BIENES RAÍCES.
I'm from the generation of common sense, wisdom and unfiltered answers. I sayeth as I seeth.

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Re: Acces permitted

Post by admin » Tue Feb 21, 2017 7:39 am

well, not that simple.

It might not show up on your plot map as a formal easement, for a pile of reasons. It is still what is on the title that counts.

There is also a whole bunch of reasons it might not show on either the title nor the plot map, while still needing to provide access.

The short answer is, you can not restrict the use of another persons property. However, there are ways to "throttle it", and / or relocate the accesses.

First place to start is, are you on good terms with your neighbor?
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Re: Acces permitted

Post by Rob » Tue Feb 21, 2017 1:17 pm

Hi,

Did some reading. In the PLANO DE SUBDIVISIÓN is nothing written besides the sizes of the plots that are neighbouring. It is a total of 12+ha divided is 3 parts at the moment. The entrance of the 12+ha is on my plot (3ha). At the top is a plot of 1ha and on the left is 7+ha plot from the man I bought if from. He's a farmer and has cows there at the moment. He's not living there. In the 1ha is not a construction either.

The whole contract is done by a notary in Panguipulli, in the papers it says the notary is also CONSERVADOR DE BIENES RAÍCES.

At this moment I on good terms with all my neighbours. The last once I met last year. With the former owner (I call him neighbour also) I'm on good terms too. Communicating with him however is dificult, he's deaf after a car accident. This year I'll go again to visit and arrange some things, and for that I'd like to have my things straight.

It is not my plan to close the entrance to my neighbours. But I'd like to close it for my "new" neighbours to be. And if the new neighbours to be is just one family without plans to build cabañas (or something like that) I don't have a problem too having them entering. But if the 7+ha is sold as plots of 5000m3 I have a problem. Thats to many neighbours entering.

Now I'll continu to read the rest of the papers. ;)

Rob.

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Re: Acces permitted

Post by Gloria » Tue Feb 21, 2017 3:40 pm

Rob wrote:Hi,

Did some reading. In the PLANO DE SUBDIVISIÓN is nothing written besides the sizes of the plots that are neighbouring. It is a total of 12+ha divided is 3 parts at the moment. The entrance of the 12+ha is on my plot (3ha). At the top is a plot of 1ha and on the left is 7+ha plot from the man I bought if from. He's a farmer and has cows there at the moment. He's not living there. In the 1ha is not a construction either.

The whole contract is done by a notary in Panguipulli, in the papers it says the notary is also CONSERVADOR DE BIENES RAÍCES.

At this moment I on good terms with all my neighbours. The last once I met last year. With the former owner (I call him neighbour also) I'm on good terms too. Communicating with him however is dificult, he's deaf after a car accident. This year I'll go again to visit and arrange some things, and for that I'd like to have my things straight.

It is not my plan to close the entrance to my neighbours. But I'd like to close it for my "new" neighbours to be. And if the new neighbours to be is just one family without plans to build cabañas (or something like that) I don't have a problem too having them entering. But if the 7+ha is sold as plots of 5000m3 I have a problem. Thats to many neighbours entering.

Now I'll continu to read the rest of the papers. ;)

Rob.
......
I'm from the generation of common sense, wisdom and unfiltered answers. I sayeth as I seeth.

Gloria
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Re: Acces permitted

Post by Gloria » Tue Feb 21, 2017 3:55 pm

Rob wrote:Hi,

Did some reading. In the PLANO DE SUBDIVISIÓN is nothing written besides the sizes of the plots that are neighbouring. It is a total of 12+ha divided is 3 parts at the moment. The entrance of the 12+ha is on my plot (3ha). At the top is a plot of 1ha and on the left is 7+ha plot from the man I bought if from. He's a farmer and has cows there at the moment. He's not living there. In the 1ha is not a construction either.

The whole contract is done by a notary in Panguipulli, in the papers it says the notary is also CONSERVADOR DE BIENES RAÍCES.

At this moment I on good terms with all my neighbours. The last once I met last year. With the former owner (I call him neighbour also) I'm on good terms too. Communicating with him however is dificult, he's deaf after a car accident. This year I'll go again to visit and arrange some things, and for that I'd like to have my things straight.

It is not my plan to close the entrance to my neighbours. But I'd like to close it for my "new" neighbours to be. And if the new neighbours to be is just one family without plans to build cabañas (or something like that) I don't have a problem too having them entering. But if the 7+ha is sold as plots of 5000m3 I have a problem. Thats to many neighbours entering.

Now I'll continu to read the rest of the papers. ;)

Rob.
The best thing you can do is to go to the CONSERVADOR DE BIENES RAICES in Panguipulli WITH your plans in hand,( the plans given to you when you bought the property). On the plan itself (in a corner) shows the number and page of the ORIGINAL PLAN DE SUBDIVISIÓN. There should show the entire land and its borders and ask for a copy of it. Otherwise you´ll have to make a survey of your property. I doubt very much you´ll succeed closing the entrance to anyone whether you talk to them nicely or not. In Chile they say one thing and do another and the lack of respect for others property is overwhelming so think about it carefully.You might create more enemies than friends. I hope this helps.
I'm from the generation of common sense, wisdom and unfiltered answers. I sayeth as I seeth.

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Rob
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Re: Acces permitted

Post by Rob » Sun Mar 05, 2017 7:09 am

Had a very bussy 2 weeks, so a little late to respond.
I read all the papers, had it done by my brotherinlaw aswell. There is nothing in the papers that says anyting about the entrance to the total terrain. In april I'll go and see the neighbours and discus the things. In may I'll let it know over here.

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Re: Acces permitted

Post by Rob » Tue Apr 25, 2017 1:43 am

As promised I let it know overhere how things are/went. The above question solved itself. The neighbours made an entrence them selfs. So that means I can close mine to them. Also I don't get no more than 2 neighbours. So all is okay in this point.

Thanks,
Rob.

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