Servidumbre

[jar1972]

I wonder if you can help?

In 2007 I bought a house. As far as I know the next door and adjoining house is owned by the same people (11 in total) who sold me my house, and in the past the two houses were joined together, I'm not sure when.
The water main for the next door house passes through my property (garden and part of my house). I discovered this recently because of reform work. I don't want it passing through my property, to avoid problems in the future.

The owners next door are happy for me to move the water main, but refuse to contribute at all to any costs and have told me the water main is an easement (servidumbre), since it's been like that for more than 20 years, and if I want to move it then it's at my expense. I also been told that I have to return their property to exactly as it was.

I thought an easement could only arise if the parties involved were different (ie not the same person or people) and that if the affected property was acquired by the owner of the right then the easement fell away. Is this correct?

[Patricia]

Dear Jar1972,

Welcome to the belegal forum.

I am afraid that it is not possible to provide with a proper answer without having checked a copy of the title deeds. If you wish, please use our website contact form to e-mail us so we can advice further.

Regards,

[fintoparadiso]

Hi jar1972,

I was just wondering what you found out. I am having some servidumbre issues myself... thanks