Access To Your Property via a Track Thats Not On Your Land?

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Access To Your Property via a Track Thats Not On Your Land?


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Old 16th January 2015, 06:21 PM
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Default Access To Your Property via a Track Thats Not On Your Land?

Hi All,

We have looked at a property that has a very short track to it..probably 20-30 metres...half of which is not on the land of the property, as it crosses a short section of an olive grove from the road. Is this generally a problem? Or common place in Spain?

We have heard that there might be a law that allows access to your property, or rather, illegal to prevent you access to your property.....again, is this true?

We have looked at properties in the campo in the past, and they were along quite long tracks, some across olive fields, and you obviously didn't own the track on them, or the land it ran across. So is there an official legislation on access tracks/routes, or is it something that is included in the escritura?

Any help and advice gratefully received

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Old 16th January 2015, 08:24 PM
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I wouldn't touch them with a bargepole no matter what the law says. Seen some TV shows on this with disaterous outcomes. Same as shared drives in the UK. A no no.

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Old 16th January 2015, 10:57 PM
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We ruled out a house that had a shared access. Initial enquiries suggested that iy was more trouble than it was worth - our Spanish solicitor's views not ours and that was good enough.

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Old 17th January 2015, 09:50 AM
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This isn't a 'shared access'...merely a track that runs across a farmers olive grove, albeit not very long, but obviously not on the properties land. Surely that is pretty common in the campo in Spain?

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Old 17th January 2015, 10:24 AM
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This isn't a 'shared access'...merely a track that runs across a farmers olive grove, albeit not very long, but obviously not on the properties land. Surely that is pretty common in the campo in Spain?
I personally wouldn't touch it

but really this is the kind of thing your abogado needs to deal with

a 'friendly arrangement' is one thing - but what if the farmer sells the land or you fall out with him?

is there no possibility of a different access route, which isn't across private land?

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Old 17th January 2015, 10:53 AM
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I personally wouldn't touch it

but really this is the kind of thing your abogado needs to deal with

a 'friendly arrangement' is one thing - but what if the farmer sells the land or you fall out with him?

is there no possibility of a different access route, which isn't across private land?
I'm getting a bit confused here.....in our house search we have seen a lot of properties that had access via tracks. I'll be honest we avoid them because of bad access, not the access right issues, but we normally don't view anything with tracks generally now. However, are you saying don't consider any property with access via a track?

The property in question has a short access track to it via the olive grove. I have considered trying to get access via the properties land because it is not far from a Tarmac road. But this road curves around, and above, the property as it is located on a slope. This means that the new access track would need to be built up to the higher level, and be a quite tight curve to be on the land owned by the property....not impossible, but not the easiest. At the moment the access track leaves the road at a lower level, and then just goes straight across, almost flat.

There is also a section of Armco barrier on the road above the house, which may limit the access point, or involve the council if it was needed to be altered. It would be easier to decide the feasibility of an access road if I was actually there....but off the top of my head I'd say it was possible, if a little difficult.

Obviously this is something I would get the lawyers to look into, and I have already questioned it with the estate agent. I was just wondering what the generally opinion was on here before we get too involved


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Old 17th January 2015, 11:07 AM
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Originally Posted by StevejR1 View Post
I'm getting a bit confused here.....in our house search we have seen a lot of properties that had access via tracks. I'll be honest we avoid them because of bad access, not the access right issues, but we normally don't view anything with tracks generally now. However, are you saying don't consider any property with access via a track?

The property in question has a short access track to it via the olive grove. I have considered trying to get access via the properties land because it is not far from a Tarmac road. But this road curves around, and above, the property as it is located on a slope. This means that the new access track would need to be built up to the higher level, and be a quite tight curve to be on the land owned by the property....not impossible, but not the easiest. At the moment the access track leaves the road at a lower level, and then just goes straight across, almost flat.

There is also a section of Armco barrier on the road above the house, which may limit the access point, or involve the council if it was needed to be altered. It would be easier to decide the feasibility of an access road if I was actually there....but off the top of my head I'd say it was possible, if a little difficult.

Obviously this is something I would get the lawyers to look into, and I have already questioned it with the estate agent. I was just wondering what the generally opinion was on here before we get too involved
not saying absolutely don't, if you have your heart set on a particular property - though there will be many properties without this issue

what I think we are all saying though, is make sure you have a legal right to the access - not just the word of the agent or the vendor
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Old 17th January 2015, 11:29 AM
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not saying absolutely don't, if you have your heart set on a particular property - though there will be many properties without this issue

what I think we are all saying though, is make sure you have a legal right to the access - not just the word of the agent or the vendor
Oh I'd definitely want it tied up legally before we bought it...and looked into seriously before we even entered into negotiations to be honest.

Thank you for the feedback, it does concern me a bit, and as ever this site is a great place to get some info

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Old 17th January 2015, 11:54 AM
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In a country with literally 100s of 1000s of properties for sale AND in what is totally a buyers market why oh why even consider any property with any such issues
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Old 17th January 2015, 12:04 PM
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Because there are 100s and 1000s of properties with issues perhaps?

It's a matter of shielding yourself from those issues and correcting where possible.

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