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Creation and registration of an easement (servidumbre) at the Registro de la Propiedad (Land Registry)

Creation and registration of an easement (servidumbre) at the Registro de la Propiedad (Land Registry) is filed with Notario + Registro de la Propiedad correspondiente. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: from €134. Official tasa (government fee): AJD (stamp duty) of 1,5 % if the easement is for value (modelo 600); no AJD if it is gratuitous or imposed by law. The easement is also formalised in a notarial public deed, with the notary's scale fee payable by you, plus the registration fee at the Registro de la Propiedad.

We handle the creation and registration of easements (servidumbres) at the Registro de la Propiedad (Land Registry) (arts. 530-579 CC, the Spanish Civil Code, plus art. 13 LH, the Mortgage Act): rights of way, water conduits, power lines, gas pipelines, light and view, drainage, grazing rights or other voluntary easements. We identify how the easement is created (public deed, 20-year prescription, court judgment, apparent sign) and whether it is for value, gratuitous or imposed by law. We calculate the 1,5 % AJD (stamp duty) if it is for value and we see you through to registration in favour of the dominant land and as a charge on the servient land.

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Estimated total cost
from €134
Managora's fee
€59.29 (21% VAT incl.)
Tasa (official government fee)
AJD (stamp duty) of 1,5 % if the easement is for value (modelo 600); no AJD if it is gratuitous or imposed by law. The easement is also formalised in a notarial public deed, with the notary's scale fee payable by you, plus the registration fee at the Registro de la Propiedad. (suplido: paid to the authority on your behalf, no VAT)
Processing time
No strict statutory deadline. Processing at the notary plus the registry: 4-8 weeks.
Where it is filed
Notario + Registro de la Propiedad correspondiente ↗
What you receive
Application

Cost breakdown: Our fee 49 € plus the notary from around 60 € plus registration at the Land Registry from around 25 €. If the easement is for value, AJD of 1,5 % of its value also applies, varying by autonomous region..

Creation and registration of an easement (servidumbre) at the Registro de la Propiedad (Land Registry): how is it filed?

  1. 1Answer the questions in the chat (around 10 minutes).
  2. 2We identify the type of easement and the applicable method of creation.
  3. 3We check that the plots have different owners (except in the case of an apparent sign).
  4. 4We calculate the AJD if the easement is for value (1,5 % of the consideration).
  5. 5Payment of 49 € for our fee, plus around 350 € for the notary, around 200 € for the registry and AJD where applicable.
  6. 6Sign the mandate from your mobile.
  7. 7We draft the full draft deed of easement for you.
  8. 8We arrange the notary appointment.
  9. 9We file the modelo 600 for AJD where applicable.
  10. 10Registration at the Land Registry in favour of the dominant land and as a charge on the servient land (art. 13 LH).

Which documents do you need?

  • •DNI / NIE / CIF (identity or tax numbers) of the owners of both plots.
  • •Up-to-date notas simples registrales (Land Registry extracts) for both plots.
  • •Descriptive and graphic cadastral certificate for the plots.
  • •If created by court judgment: a final copy of it.
  • •If created by usucapion (adverse possession): a technical and legal expert's report evidencing the 20 years.
  • •If it affects a specific route (right of way, power line): a georeferenced topographical plan of the route.

Legal basis and things to bear in mind

  • Legal framework: arts. 530-579 CC (easements) plus art. 13 LH (registration) plus RH art. 7 plus RD 1093/1997 plus Ley 13/2015 (georeferencing).
  • Registration: the easement is ALWAYS registered IN FAVOUR of the dominant land and as a CHARGE on the servient land (art. 13 LH). It will appear on the Land Registry extracts of both.
  • Methods of creation (arts. 537-541 CC): by TITLE (public deed), by PRESCRIPTION (20 years, CONTINUOUS AND APPARENT, art. 537), by APPARENT SIGN (where a plot is divided and a visible sign of an easement remains, art. 541), by COURT JUDGMENT or by GIFT.
  • AJD: 1,5 % of the consideration if the easement is FOR VALUE. If it is GRATUITOUS it may be taxed as a gift (ISD, inheritance and gift tax). If it is IMPOSED BY LAW it is usually exempt.
  • Easements IMPOSED BY LAW (arts. 550-572 CC): the owner of the servient land is obliged to put up with them (access to a landlocked plot, water conduits and so on). VOLUNTARY easements (arts. 593-604) require the consent of the servient owner.
  • Important: if BOTH plots have the same owner, no easement can exist (art. 546.1 CC), except in the case of an apparent sign where the plots are later separated.
  • Extinction (arts. 546-549 CC): by merger of ownership, 20 years of non-use, waiver, redemption, expiry of the term, fulfilment of a resolutory condition, or compulsory purchase.
  • Natural connections: nota_simple_rp (to check first), segregacion_rp (if the easement arises from a division) / (if the servient owner objects).
  • Right of way (art. 564 CC): if a plot is LANDLOCKED with no access to a public road, its owner is entitled to demand a right of way across the neighbouring plots. It is an easement imposed by law, with compensation payable to the servient owner.

Creation and registration of an easement (servidumbre) at the Registro de la Propiedad (Land Registry): frequently asked questions

Creation and registration of an easement (servidumbre) at the Registro de la Propiedad (Land Registry): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is from €134: Our fee 49 € plus the notary from around 60 € plus registration at the Land Registry from around 25 €. If the easement is for value, AJD of 1,5 % of its value also applies, varying by autonomous region.. Managora's fee is €59.29, 21% VAT included (€49.00 net + €10.29 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: AJD (stamp duty) of 1,5 % if the easement is for value (modelo 600); no AJD if it is gratuitous or imposed by law. The easement is also formalised in a notarial public deed, with the notary's scale fee payable by you, plus the registration fee at the Registro de la Propiedad..

Creation and registration of an easement (servidumbre) at the Registro de la Propiedad (Land Registry): how long does it take?

No strict statutory deadline. Processing at the notary plus the registry: 4-8 weeks.

Creation and registration of an easement (servidumbre) at the Registro de la Propiedad (Land Registry): which documents do I need?

You need to have to hand: DNI / NIE / CIF (identity or tax numbers) of the owners of both plots., Up-to-date notas simples registrales (Land Registry extracts) for both plots., Descriptive and graphic cadastral certificate for the plots., If created by court judgment: a final copy of it., If created by usucapion (adverse possession): a technical and legal expert's report evidencing the 20 years., If it affects a specific route (right of way, power line): a georeferenced topographical plan of the route.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Notario + Registro de la Propiedad correspondiente. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Notario + Registro de la Propiedad correspondiente ↗.

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