Easement of passage by operation of law

The owners of land locked properties, that is, those which do not have any access to the public roads, may demand way or passage through adjoining properties, by compensating for the loss which they may cause by reason of this passage. When, however these properties are of the kind mentioned in Article 456, the concerned owner may avoid these obligations by acquiring the landlocked property for the price that may be fixed judicially after previous valuation. § 1 - In the case of sale, private or through Court, gift for payment, emphyteusis or lease for a period above 10 years the owners of land locked properties as also the owners of properties and encumbered with the respective easement, whatever may be the source of title, shall have the right of first preference. § 2 - In the case of judicial auction the provisions of Article 848 of the Code of Civil Procedure, shall be observed and the administrator or the decree holder shall indicate the names of the owners of the servient properties in order to notify the same. § 3 - In order to exercise the Right of preference in other cases the said owners should be notified under Article 641 of the Civil Procedure Code and in the absence of notification, they may exercise the right conferred on them in terms of Article 1566 paragraph 4. § 4 - In case more than one owner turns up claiming such a right, auction shall be held among them and the highest value obtained shall revert in favour of seller. § 5 - In case there is more than one owner with right of preference none of them shall be entitled to exercise his right judicially without prior notification to the others in terms of article 641 of the Code of Civil Procedure and in case of any of those notified comes forward to exercise his right of preference licitation shall be opened among those claiming preference, and said right of preference shall be adjudicated to the one who offers the highest price and who, within 3 days, shall deposit in favour of the seller the excess over the original price of the contract and pay within 30 days the corresponding stamp duty.