Easements: Invisible obstacles that can stall your construction

In practice, this means that although the land is yours, you are not its absolute master. These easements “run with the land” even when the owner changes, so you cannot get rid of them simply by purchasing the property; you must deal with them as part of your project.

The most common type that directly blocks construction is utility easements. If a main water line, gas pipeline, or high-voltage cable runs across your land, the problem is not just the pipe in the ground itself, but primarily its protection zone. In this zone, which can extend several meters on both sides of the line, the law prohibits placing any structures. If your future house were to stand exactly in this corridor, the building authority would not even allow you to break ground.

Another critical point is the right of way and passage, which allows a neighbor or a third party to use part of your land as an access road. If this path runs through the middle of the plot, placing a house may be practically impossible.

The first step to uncovering these traps is a detailed examination of the Title Deed in the Land Registry, specifically in Section C, where restrictions on ownership rights are recorded. However, it is important to know that not all easements may be recorded in the registry, especially historical ones related to older utility networks. Therefore, it is essential to contact utility providers and request their statement regarding the existence and location of their lines.

Also, pay attention to whether the easement is formulated as a personal servitude, which expires upon the death of the authorized person, or whether it is an appurtenant easement, which is firmly linked to the neighboring land and is essentially unlimited in time.

If you find that an easement encumbers the land, there are several ways to resolve the situation. The simplest, though often costly, option is a utility relocation, where you move the lines to the edge of the plot at your own expense to make room for the house. Another possibility is an easement termination agreement, which you conclude with the authorized person, often in exchange for financial compensation.

In some cases, an easement can be cancelled by a court if circumstances have changed so much that the easement no longer serves its original purpose. However, it is always better to take these steps before signing the purchase agreement, as resolving easements during the building permit process can drag the project out by months or even years.