What is a Personal Easement?
Easement right is defined in Article 779 of the Civil Code as follows: “An easement in favor of a real property is a burden placed on one real property in favor of another real property, which compels the owner of the burdened property to refrain from exercising certain powers provided by the right of ownership or to endure the use of the burdened property in a specific manner by the owner of the benefiting property…”
The compliance of the transaction regarding the easement with zoning legislation is subject to approval. (The approving authority is the municipal council if the subject parcels are within the boundaries of the municipality and its adjacent areas; and the provincial special administration if they are outside the adjacent areas.)
As the easement process has a technical dimension, it concerns the cadastre directorates, and as it requires registration, it concerns the land registry directorates. Easements are divided into two categories: personal easements and predial (real) easements . So, what is a personal easement?
Personal Easement
It is defined as an easement established in favor of a person who does not hold the right of ownership [over the property].
In personal easements, there is generally a single immovable property. In other words, there are no mutual relationship between two immovable properties as in the case of predial easements. Even if more than one immovable is the subject of this right, they are not mutually related. This right is established in favor of a [specific] person.
In personal easements, the “person” can be a natural person or a legal entity.