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fintoparadiso
12-06-2011, 11:09 PM
We have a servidumbre to pass/drive through our neighbours land. When we bought our property there was road and it still exists today.
We have recently wanted to fence our property, which led to the knowledge that our neighbours (who sold us the property) lied about boundries by 50m!!! The boundries cut this road in half and angered the neighbour who thinks it is his road.
Without agreement the neighbour constructed a new road through brush, ending at our boundry. Leaving a big tree across the path and expecting us to finish the road into our property at our expense (2000-3000 euros).
If there is no agreement, what are our rights? Why should we have to pay for something he wants? The old road still leads perfectly to our property and he has not closed it yet.
If he wants to move the access road to our property,for the asthetics of his own property shouldn't he have to pay for it including joining the new road to the old road so we can access our property?
He has already, two access roads to his land.
They also state that we have to SOLEY maintain the road that we both use as by rights of the servidumbre laws. We do maintain it, but want to know if they use it everyday too, that they are also responsible? If they are not responsible, then can they pester us about the quality of the road? The road is in great shape, they just like to try to annoy us.
Thanks.

aflores
12-07-2011, 06:08 PM
It is difficult to say but in principle, your right to "servidumbre" cannot be altered by reason that the property giving the right of way wishes to improve the looks of it. So long as it is not necessary, you can oppose to any major construction works.