As a child, you may have cut through a neighbor’s yard to save time, knowing it wasn’t entirely permitted. While homeowners in Curaçao generally prefer privacy and control over their property, there are instances where legal rights, known as easements, override that control.

Understanding easements is crucial for property owners and prospective buyers, as they grant others the right to use a portion of your land for specific purposes, often without your explicit consent.

What is an Easement?

An easement grants an individual or entity the legal right to use another person’s land for a specific purpose. For example, if municipal water pipes run beneath your property, the water company retains the right to access your land to perform maintenance or repairs, even though you technically own the surface.

Key Points to Remember:

• Easements remain in place even when the property is sold to a new owner.
• Companies requesting easements typically compensate homeowners for any disruption.
• Disputes regarding easements may escalate to legal proceedings if agreements cannot be reached.
• Any damage caused by easement activities is typically repaired or financially compensated by the responsible party.

The 5 Types of Easements in Curaçao

Whether you are a current homeowner or a prospective buyer, understanding the various types of easements can help you navigate potential property obligations and rights.

1. Utility Easements

Utility easements are the most common type of easement in Curaçao. These easements allow utility companies to install, maintain, or repair infrastructure such as:

• Electric lines
• Water and drainage pipes
• Internet cables

It is not uncommon for properties to have utility easements in place. In some cases, access may also involve crossing your land to reach adjacent utility infrastructure. For instance, if a nearby plot contains underground electrical cables, a utility company may request access across your property for maintenance. Typically, the company will notify you in advance.

2. Easements by Necessity

Easements by necessity occur when access to your property is required urgently without prior formal agreements. This often applies to emergencies or safety threats that need immediate attention.

For example, if a water main bursts on your property and poses a risk to surrounding areas, the relevant utility company can access your land to resolve the issue promptly.

3. Right of Way Easements

A right of way easement allows others to pass through your land to access public areas or infrastructure.

A common example in Curaçao is sidewalks. Although the sidewalk may be part of your land, the public or relevant authorities retain the right to use and maintain it. If repairs or upgrades are required on pipelines beneath the sidewalk, a company may access your property to complete the work.

4. Private Easements

Private easements are agreements between property owners and private companies or individuals, granting them access to the land for specific uses.

Examples include:

• Internet providers installing fiber optic cables.
• Renewable energy companies seeking to install solar or wind equipment on private land.

If you sell a private easement to a third party, it is your responsibility to disclose this to future buyers. Easements transfer with the property and remain legally binding after a sale.

5. Prescriptive Easements

A prescriptive easement is established when someone uses another person’s land for a prolonged period without explicit permission but under circumstances that legally justify the use.

An example is if someone routinely drives across your land to access a job site or neighboring property. Without a formal easement, this could be considered trespassing. Similarly, if a neighbor constructs a fence that extends over your property line without permission, they are encroaching on your land.

How to Determine if There Are Easements on Your Property in Curaçao

To check for existing easements on your property, consult Kadaster Curaçao, the island’s land registry office. They maintain official records detailing property boundaries, ownership rights, and any easements affecting the land.

For further guidance on easements or property-related inquiries in Curaçao, feel free to contact us:

📧 adriaan@sunlife.realty
📞 +5999 686 2994

Follow us on Facebook and Instagram to stay updated on property insights and listings.