For the registration of a transit servitude, the current owners of the servant property or, where appropriate, their heirs, must sign a public deed of constitution of servitude before the notary.
1. Previous requirements
- If the property is in succession, the heirs must have processed and obtained the appropriate effective possession.
- It is necessary to notify and obtain the consent of all heirs, who must proceed to the signature of the document.
2. Voluntary Constitution Process
- Preparation of the Plan: A topography must make a plan of the route of the servitude. This plane does not require validation of the SAG, but it must meet the standards of the Real Estate Conservator (CBR).
- Writing of the Scripture: A lawyer shall write the writing of the constitution of the servitude, detailing its location, dimensions and conditions of use.
- Signature in Notary: All heirs or owners must appear before notary to subscribe to the writing.
- Registration in the real estate conservator: The writing, together with the corresponding plane, is presented to the CBR of the jurisdiction where the property is located for final registration. The plan will be archived in the CBR as documentary backup.
- Gratuity or Payment: The constitution of the servitude may be made free of charge or by payment, as determined by the owners of the servant property.
3. Forzosa Constitution in Case of Negative
If the owners or heirs refuse to constitute servitude voluntarily, the person concerned may demand the judicial constitution of servitude before the competent court.
- Chilean law prevents a property from being left without access to the public road or other property with exit, in accordance with article 847 of the Civil Code, which provides for the possibility of judicial demand for servitude when a property is not released.
- In order to bring the application, the owners or heirs must be notified at their respective homes. It is therefore recommended to have their addresses in advance.
- If some heirs or owners are not found, or if they are missing, notifications must be made by means of publications in a national circulation journal, in compliance with the requirements of the court.
- Each notification has a cost of approximately $60,000 per notification, plus additional costs for publications in the daily.
Once the application has been filed and the relevant notifications have been made, the court shall decide on the origin of the servitude, its extension and any financial compensation to the owners of the servant property, if a payment is established.
Regulate your Servicing with Produncan Lands' Advisory
In Produncan we understand the importance of having legal and duly registered access. If you need to form or regularize a transit servitude, our team of experts will accompany you at every stage of the process, ensuring that all existing legal regulations are complied with.
How do we help you?
- Comprehensive Legal Advisory: Our specialized lawyers write the deed of constitution of servitude and manage its registration in the Conservator of Real Estate.
- Management with Herediers and Owners: If the servant property has several owners or is in succession, we coordinate the notification and signature of all involved, ensuring that the servitude is properly constituted.
- Production of Plains: We work with certified topographs for the preparation of the plan of servitude, meeting the standards required for its registration.
- If the owners refuse to grant servitude, we initiate the judicial process to demand its constitution, in accordance with Article 847 of the Civil Code. We are responsible for all efforts, including notifications, newspaper publications and representation in court.
- Cost and Time Optimization: We know that each case is unique, so we optimize each management to make the process efficient, fast and cost-controlled.
Don’t leave your access to uncertainty. ProDuncan Lands makes it possible!
Contact us today and ensure the legality of your servitude with the best advice.
