Procedure for the Constitution and Registration of a Transit Servitude
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 a notary.
1. Previous requirements
If the property is in succession, the heirs must have processed and obtained effective possession.
It is necessary to notify and obtain the consent of all heirs; each must proceed to sign the public deed.
2. Voluntary Constitution Process
Preparation of the plan: A topographer must prepare a plan of the servitude route. This plan does not require validation by the SAG, but it must meet the standards of the Real Estate Conservator (CBR).
Drafting the deed: A lawyer prepares the deed of constitution of the servitude, detailing its location, dimensions and conditions of use.
Signing before a notary: All heirs or owners must appear before a notary to sign the deed.
Registration with the Real Estate Conservator: The deed, together with the corresponding plan, is presented to the CBR of the jurisdiction where the property is located for final registration. The plan is archived in the CBR as documentary backup.
Gratuity or payment: The servitude may be constituted free of charge or by payment, as determined by the owners of the servant property.
3. Forced Constitution in Case of Refusal
If the owners or heirs refuse to constitute the servitude voluntarily, the interested party may request the judicial constitution of the servitude before the competent court.
Chilean law prevents a property from being left without access to a public road or another property with an exit, pursuant to article 847 of the Civil Code, which provides for the possibility of a judicial demand for servitude when a property lacks access.
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 cannot be located or are missing, notifications must be made by publication in a nationally circulated newspaper, in compliance with the court's requirements.
Each notification has a cost of approximately $60,000 per notification, plus additional costs for newspaper publications.
Once the application has been filed and the required notifications made, the court will decide on the establishment of the servitude, its extension and any financial compensation to the owners of the servant property, if payment is ordered.
Regulate your Servitude with Produncan Lands' Advisory
At 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 compliance with applicable legal regulations.
How do we help you?
Comprehensive legal advisory: Our specialized lawyers draft the deed of constitution of servitude and manage its registration in the Conservator of Real Estate.
Management with heirs and owners: If the servant property has several owners or is in succession, we coordinate notification and signature of all parties, ensuring the servitude is properly constituted.
Preparation of plans: We work with certified topographers to prepare the servitude plan, meeting the standards required for registration.
Judicial actions if required: If the owners refuse to grant the servitude, we initiate the judicial process to demand its constitution in accordance with Article 847 of the Civil Code, handling notifications, newspaper publications and court representation.
Cost and time optimization: We optimize each case to make the process efficient, timely and cost-controlled.
Don't leave your access uncertain. Produncan Lands can help regularize your servitude.
Contact us today to ensure the legality and proper registration of your transit servitude.