Right of way - restrictions?

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rickj
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Location: Antas, Almería

Right of way - restrictions?

Postby rickj » Sun Aug 13, 2017 12:43 pm

There is a (dirt) road across my property for access to the public road for two neighbouring properties. There is an orchard there, and two smallish houses. For a long time one house was occupied by one person, who would drive her car across twice a day. Now there's a new family there who drive their car far more often. And the past 4 days there's a group of 20 youths in the other house who will zoom by with their cars, and make a lot of noise, and I'm getting irritated.

There's nothing in de deed of the property about a right of way, but you cannot lock in other people's land of course.

Does the right of way extend to 20 people whom I don't even know? What measures can I take to calm down traffic? Put up a 10km/h sign? Put in barriers? Caltrops? A "solo residentes" sign? Are these 20 residentes??

jhonie99
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Re: Right of way - restrictions?

Postby jhonie99 » Sun Aug 13, 2017 4:16 pm

rickj wrote:
There's nothing in de deed of the property about a right of way, but you cannot lock in other people's land of course.



that's a silly statement; Another person's property being land locked is of no relevance to you.

You seem to have an undocumented servidumbre. If in existence less than 20 years, you can block it off, but get yourself a gun and some heavy machinery for implementation of same.

Servidumbres have a servant and a master; The finca using your drivethrough must "pay" for access. This can be anything from a bag of oranges to thousands of euros, paid for on a yearly basis. The deal doesn't exist in perpetuity and gets renegotiated on change of ownership , etc. If agreement cannot be arranged amicably, the courts decide.

It's of no relevance as to the numbers of people, resident or otherwise that use the right of way.

As the servant, you cannot make an obstacle course out of it, but you can demand "payment", usually in a "uso o disfruto" sort of way.

Good Luck.

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rickj
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Re: Right of way - restrictions?

Postby rickj » Sun Aug 13, 2017 4:48 pm

jhonie99 wrote:You seem to have an undocumented servidumbre. If in existence less than 20 years, you can block it off, but get yourself a gun and some heavy machinery for implementation of same.


Mm, those fincas were built in 1992 and 1995 according to the catastro, so no "luck" there. I don't mean to block this road and get them (and me) in trouble, but I do want them to behave there.

jhonie99 wrote:Servidumbres have a servant and a master; The finca using your drivethrough must "pay" for access. This can be anything from a bag of oranges to thousands of euros, paid for on a yearly basis. The deal doesn't exist in perpetuity and gets renegotiated on change of ownership , etc. If agreement cannot be arranged amicably, the courts decide.


Thanks for that suggestion! We'll talk to our solicitor about this. I like the idea of a payment, if only to let them know we're there. We spoke with a woman today who passed by in a car, and asked her if she was the owner (yes), and if she could do something about the noise. She said yes, but so far nothing much changed.

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costakid
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Re: Right of way - restrictions?

Postby costakid » Sun Aug 13, 2017 5:57 pm

As a measure to slow the boy racers down couldn’t you make a chicane from some old oil drums filled with concrete. At least they won’t be coming past your house like lunatics.


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