Easements are an important issue to consider when purchasing or investing in real estate. These passages that allow the passage of people, wires, pipelines or even for natural purposes; have different characteristics.

In this article we will learn about what easements are, their functions, regulations and what to do if your property is affected by an easement.

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In the world of real estate, easements are one of the most common legal transactions. The purpose of this type of easement is to provide a passageway through someone else’s property for various purposes.

For example, when you do not have access to the public road from the property you are acquiring and a passageway needs to be opened on your neighbor’s property, or when the company requires the installation of real estate necessary for the installation of public utilities, or even easements that serve to protect the environment or monuments.

However, it is important to clarify that the owner of the servitude does not lose possession of the property, but limits certain activities that can be carried out in the area affected by the servitude, and must respect the rights established for the holder of the servitude.

There are several types and each serves a specific purpose, but the most common are as follows

• Easements: These allow the passage of people from one property to another to access a specific location, such as a public road. This type of easement is the most common on rural properties. The purpose of this type of easement is to ensure that no property is isolated.
• Aqueduct easement: This other type allows the passage of water pipes through private property to serve a neighboring property. These are essential to ensure access to potable water in areas where there is no nearby public distribution system.
• Electricity easements: these facilitate the installation and maintenance of electricity lines on private land. Similar to the previous type, their function is to provide electric service to properties where there is no access to public distribution systems.
• Conservation easements: Finally, this type of easement is designed to preserve local flora and fauna. They are essential for the protection of protected areas or areas near national parks, as they seek to maintain biodiversity and limit invasive construction.

The size of easements depends on their type and purpose. For example, a right-of-way easement can be up to 6 meters wide, and up to 6 lots are allowed for a single-family home, with a maximum length of 60 meters.

Easements must provide maneuverability and visibility for vehicles and people. Unlike public roads, they are not maintained by the municipality, so their cleaning and maintenance is the responsibility of the beneficiaries.

In the case of easements for power lines or pipelines, the maximum width is 6 meters to ensure safety and maintenance. Conservation easements, on the other hand, have stricter restrictions and may cover greater distances and prohibit certain activities.

These are regulated by the local municipalities, which oversee the application of regulations related to land use permits and territorial planning. You can consult the necessary documents in the municipality closest to your property, which in the case of San José would be the following.

On the other hand, to create an easement, it is necessary to reach an agreement between the owner of the dominant estate and the servient estate (the one that will cede part of its land). These agreements must be formalized before a notary and then registered in the National Registry in order to have legal effect.

In cases where no agreement can be reached, it is possible to go to court to request the creation of an easement, especially when it is necessary to guarantee access to basic services or transportation.

Easements are important in the regulation of property in Costa Rica, knowing their characteristics and how they work can avoid problems down the road. Whether you are buying, selling or managing a property, it is important to make sure you understand any easements that affect your land.

And if you are interested in buying a property, do not hesitate to view our property catalog, our advirsor will answer any questions you may have about our properties.