What Is a Servidumbre (Easement)? Types in Mexico

A servidumbre (easement) is an encumbrance that places a limitation on the use of one property for the benefit of another property or a third party, and there are several types of servidumbre depending on their origin and purpose. The most common is the right-of-way easement (servidumbre de paso), which allows a neighboring property to cross your land to reach a public road, but there are also drainage easements, water-conduit easements, and easements of light and view. Knowing about them before you buy is essential because an easement can limit where you can build, fence, or make changes to the property, even if it isn't visible during a quick walkthrough.

How an easement is created

An easement can arise from a voluntary agreement between neighbors, by operation of law when a property is landlocked with no direct access to the street, or simply because a path has historically been used that way for years. In every case, for it to be enforceable against third parties — that is, for a new buyer to be bound to respect it — it generally must be recorded in the Registro Público de la Propiedad (Public Property Registry) for the property in question. That is why it is important to review both the certificate of liens and encumbrances (certificado de libertad de gravamen) and the complete deed (escritura) before signing any purchase agreement, since these limitations should be documented there, including their scope, exact location, and which neighboring property they benefit.

The most common types of easements

There are several kinds, depending on what they regulate and who benefits from them within the affected property. The most frequent in real estate transactions are:

• Right of way (de paso): allows passage across a property to reach a public road
• Drainage (de desagüe): allows wastewater or rainwater to flow onto another lot
• Water conduit (de acueducto): allows water to be carried across the property to another point
• Light and view (de vistas o luces): restricts construction that would block natural light or views
• Party wall (de medianería): regulates walls or fences shared between two adjoining properties

Each type has specific rules about its scope, maintenance, and who may use it, so it's worth reviewing the document that created it, not just the mention of it in the deed.

How an easement is modified or terminated

An easement is not necessarily permanent. It can end by agreement between the parties involved, through prolonged non-use as provided by local law, through merger when both properties come to be owned by the same person, or because the need that gave rise to it has physically disappeared, such as when an alternate public road opens up for a property that previously depended on the right of way. Modifying an existing easement — for example, changing its path across the property — normally requires the consent of both parties and its corresponding registration in the property registry for the change to be valid against future buyers.

Frequently asked questions

Does an easement reduce a property's value?

It can if it significantly limits the use of the property or what can be built on it. The impact depends on the type of easement and how restrictive it is in everyday practice.

How do I know if my property has an easement?

Review the public deed (escritura pública) and request an up-to-date certificate of liens and encumbrances (certificado de libertad de gravamen) from the Registro Público de la Propiedad, which should list all recorded encumbrances.

Can I refuse to let a neighbor use the right-of-way easement?

If the easement is legally established and recorded, you cannot unilaterally prevent its use. Any change requires an agreement between the parties or a corresponding court ruling.