Can you legally block a drive way?

An easement road can be closed

In any case, it is likely that if this period has elapsed, the buyers of the properties on the dominant estate, as well as the developer, will not be aware of the prescription of the easement, so they will go ahead with the construction of the garage, the entrance to the garage being through the garage on the servient estate. If the owners of the servient estate do not oppose such work and demand its cessation alleging the prescription of the easement, the work would be completed, and when the use of the garage begins, it would be understood that the easement is in use, and its prescription could no longer be alleged.

Who is the owner of a right of way easement

In the case of Galicia, the above characteristics of the “Serventías” constitute an element that differentiates them from easements and other customary institutions of Galician law, whose purpose is to separate properties belonging to different owners, such as the “resío”, the “venela” and the “gavia”. Furthermore, the land over which the Serventía runs cannot be the object of ownership, but only of use, and it is not possible to speak of dominant and servient estates, since the Serventía does not constitute an encumbrance on another’s property. Therefore, it is not possible to speak of co-ownership of the easement, since it is not a good that can be the object of ownership, but only of use for the passage, its nature being closer to that of a community of use and enjoyment (Rebolledo Varela, Ángel Luis et al, 2007).

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In the CC the “Serventía” is not accepted as an institution, having received a charter in the jurisprudence of the Supreme Court as a customary institution applicable in the Canary Islands (STS 10/07/1985 (RJ 1985, 3967)) and in Galicia (STS of 14/05/1993 (RJ 1993, 3683)). The institution is also known in Asturias (SAP, Secc. 1ª, of Oviedo of 20/01/1996).

A neighborhood road may be closed

In this regard, the Chamber affirmed that, when there are legitimate demands, such as the defense of fundamental rights, blockades of transportation routes cannot be classified as crimes. In this sense, although a group of rights collided (the right to freedom of transit vs. freedom of expression, assembly and the right to cultural identity), through a proportionality test, the Chamber considered that the “rights to environmental protection, physical and biological territorial integrity” must prevail “against the restriction of the right to free transit of land transport vehicles in a section of the Marginal Highway of the Jungle”.

“This does not mean that there is a right to block roads or that it is something that should be promoted by the State. What the Court says is that since [the blocking of roads] is a conduct that restricts and to a certain extent affects several legal rights, such as free transit, since it is a conduct that is done to protect other important legal rights, it can be justified”[11].

Difference between a local road and an easement.

Access to streets and passages, or to urban (e.g., condominiums) or rural housing complexes with the same access and exit road. This can only be done in order to ensure the safety of neighbors.

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The installation of street grids may not be authorized in cities declared World Heritage Sites or in neighborhoods, streets, passages or places declared architectural heritage, or that serve as access to them, or to others classified as national monuments.

The mayor, with the agreement of the Municipal Council. Prior to authorization, there must be a report from the municipal traffic and works directorates or units and from the Carabineros unit and the Fire Department of the commune. The authorization must be well founded, specify the place of installation of the fence, gate or closing or control devices; the restrictions for vehicles, pedestrians or both, and the schedules in which it will be applied.

Can you legally block a drive way?
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