What is a personal easement?
An easement is defined in Article 779 of the Civil Code as follows: “An easement in favor of immovable property is a burden placed on one immovable property in favor of another, obliging the owner of the burdened property to refrain from exercising certain rights granted by the right of ownership or to tolerate the owner of the benefiting property using the burdened property in a specific manner…”
The compliance of the easement transaction with zoning regulations must be approved. (The approving authority is the municipal council if the parcels in question are within the boundaries of the municipality and its adjacent areas; and the provincial special administration if they are outside the adjacent areas.)
The easement transaction concerns cadastral directorates due to its technical aspects and land registry offices due to the need for registration. Easements are divided into two categories: personal easements and land easements. So, what is a personal easement?
Personal Easement
This is defined as an easement established in favor of a person who does not possess ownership rights.
Personal easements generally involve only one immovable property. That is, unlike land easements, there are not two reciprocal immovable properties involved. Even if multiple immovable properties are the subject of this right, they are not reciprocal. This right is established in favor of an individual.
The individual in a personal easement can be a natural person or a legal entity.