Like any real right, servitude gives its owner the power to sue the thing held by the person who owns it (ius persequendi) and the preferential right (ius preferendi), which means that its owner is preferred to others who have rights of the same or different nature over the same property, but which are subsequently constituted. Especially if the right is registered (Art. 2016). The servitude is the charge designated by the code as a charge, it is a limitation of the powers of the owner of the service good (passive aspect) corresponding to an advantage (an advantage to the owner of the dominant good). Lands affected by the right of way are referred to as „domestic property”, while easement lands are referred to as „dominant property”. In any case, it is likely that when this period has passed, the buyers of the houses of the dominant domain, as well as the developers, will not be aware of the prescription of the easement, so they will proceed with the construction of the garage, which has its entrance through the garage of the servant`s property. If the owners of the service property do not oppose this work and do not demand its cessation, asserting the limitation period of the easement, the work would end, and when the use of the garage begins, it is presumed that the right of way is used and that its limitation period could no longer be invoked. In Rome, royal servitudes were inseparable from the property they and the servant preferred, they cannot be transferred independently of property and last as long as property exists. This character is retained today. The object of the servitude is not an obligation and a benefit must always be granted to the owner of the dominant property, who must exercise his right taking into account the interests of the owner in service.[14] Since it is not obligatory to make the owner of the servant`s property personal, the servitude does not end with his death. Only land, real estate, as opposed to use and usufruct, may be subject to an easement, the object of which may also be movable things. In the entries in the register, there is point D) Fees and charges, in which mortgages, easements, embargoes, security measures, etc.
are recorded, regardless of whether they are encumbrances or charges. Although the Civil Code regulates the servitude of the median in article 571 of the Civil Code in the context of the title of easements and therefore refers to it in the fourth section, the majority doctrine is not satisfied with the situation of this issue in legal easements and considers that the type of medianería corresponds better to a community of property. As long as the ownership of both goods is in the hands of a single owner, the right of servitude is latent, in what is called confusion, because it would be absurd for an individual to exercise respect for the same property, a corresponding right and obligation. On the other hand, if the owner sells one of the plots, the right of way is transferred to the new owner under article 539 of the Civil Code: „Non-obvious permanent easements and unrelated easements, whether obvious or not, can only be acquired by virtue of the property. Therefore, in the case of discontinuous easements, it is not possible to acquire it after twenty years on prescription. As discussed in the subject General Rules of Servitude, servitude is a limited real right that partially encumbers an estate known as a servant in favour of another servant designated as dominant. The servitude of the aqueduct is specified in articles 557 to 561 of the Civil Code in relation to the provisions of Royal Legislative Decree 1/2001 of 20. July approving the revised text of the Water Act and the Royal Act RIGHT TO EASEMENT ON WATER Royal Legislative Decree 1/2001 of 20 July 2001 gives basin bodies the power to impose the compulsory servitude of the aqueduct „in accordance with the provisions of the Civil Code and the provisions of this Law” and Article 18.2 of Royal Decree 849/1986, of 11 April, which approves the ordinance on the public hydraulic zone, stipulates that it is „subject to the provisions relating to the easement of aqueduct of the Water Act, these ordinances and, alternatively, the Civil Code”. According to Article 546 CC, easements expire: it is impossible for an owner to have an easement for his own property; Because if he has collected all the property rights, it is impossible for him to have separate parts or fragments of them. This means that the acquisition of such an easement, as provided for in Article 537 CC, requires the existence of a title or a limitation period of twenty years.
Thus, if the owner decides to build two buildings on each farm in order to sell them to individuals, the right of way could be exercised, for example, if, during the construction of a garage on the dominant property, its entry is through the garage of the servant`s property. In fact, the entrance to the garage through the garage of the adjacent block is a great advantage for the owners of the dominant property, as they avoid the construction of the entrance ramp and allow a greater number of parking spaces. In a block of medium-sized buildings, the absence of an entrance ramp allows up to 50% more seating. Kind. 569 CC is one of the legal facilities of passage based on the need to temporarily use a passage for the transport of building materials for the purpose of building or repairing what has already been built. Dear readers, we share a fragment of the book Real Rights (vol. II, Pacific Institute, 2021) by the famous civilian Aníbal Torres Vásquez on the fundamental aspects of facilitating passage. Use this short passage to invite them to buy and read the entire book.
Servitude in its passive aspect is a tax levied on the assets of the employee in its active aspect, on the other hand it is a right of the majority owner. The easement follows the property no matter who passes the domain. PULO (D. 8.4.12) noted: „When a farm grants easements to another property, even if the property is sold, easements follow.” The easement can be built on rural or urban land. ULPIANO (D. 8.4.1.pr) stated: At the moment when the easement of the passage was no longer necessary, the owner of the servant`s property could request the extinguishment of the easement.