Easements, Right of Way and Neighbourhood Issues

For fincas, country houses and villas in Mallorca, it is not just the house that determines value, but also the question of whether you can legally reach, supply, drain, use and demarcate it from neighbours. Especially in rural areas, servidumbres - easements - are one of the most common points in purchase due diligence.

What is a servidumbre?

According to the Spanish Civil Code, an easement is a burden on one property for the benefit of another property or a person. An easement can increase value if it secures access, or decrease value if third parties drive over the property, pipes run under terraces, or a neighbour claims the right to use a path.

Typical easements

• Access and right of way: Right to reach one's own finca or villa via a neighbouring property.
• Utility rights: Electricity, water, telecommunications, sewage or irrigation lines over third-party land.
• Water and well rights: Use of a well, spring, water basin or pipeline.
• Public paths: Paths that may qualify as public paths or public right-of-way easements.

Access: The most important point for fincas

A finca without secured access is a significant risk. Although the law recognises rights of passage for landlocked properties, this does not replace purchase due diligence. A factually used path is not automatically a registered right. Right-of-way easements can only arise under certain conditions and should be legally reviewed.

Land register, Nota Simple and Cadastre

The Nota Simple shows registered rights, charges and restrictions. Buyers should check whether the property is encumbered and whether rights exist in favour of the property. The cadastre shows location, area and graphical representation, but does not replace the land register. In case of discrepancies, overlaps or unclear boundaries, a georeferenced survey may be necessary.

Water, wells and supply

For rural properties, water is often a decisive factor in the purchase. A well is only an advantage if its legal status, permitted purpose and technical usability are clarified. Items to check include authorisation or concession, permitted volume, purpose of use, meter, pumps, water quality and possible restrictions on the groundwater body.

Neighbours, boundaries and walls

Many conflicts arise later: a neighbour blocks a gate, disputes the width of the path, demands access to utilities, or claims a different boundary. Dry stone walls, fences, terraces, driveways and gates should be compared with the land register, cadastre and actual possession.

Pre-purchase checks

• Obtain a current Nota Simple and read the chain of title.
• Physically test access: width, condition, gates, keys, turning radius and delivery access.
• Compare cadastre and land register; obtain a survey if necessary.
• Check well file, water rights, utilities and supply.
• Consult the municipality and Consell regarding public paths, building violations and protected areas.
• Secure representations, conditions or withdrawal rights in the purchase contract.

Practical conclusion

For Mallorca fincas, easements should not be treated as a side issue. A beautiful property loses considerable security if access, water, utilities or boundaries are unclear. What is properly clarified before the notary appointment does not have to be fought over later with neighbours, authorities or courts.