Cálculo indemnizatorio por consolidación de servidumbre de tránsito

Abstract

In terms of real right, as defined in the Colombian Civil Code, easements represent a limitation to the ownership of a property, where obligations and restrictions are imposed for the benefit of another property, called "dominant". However, the imposition of an easement may hurt the servient estate. In this document, we will develop the procedure and analysis for the determination of the compensation for the consolidation of a transit easement in a rural property located in the municipality of Guaduas in the department of Cundinamarca, following the provisions of Article 14 of Decree 1092 of 2022, which stipulates the procedure for the determination of the value for each unit of compensation area for overhead infrastructure partially affected by specialized calculations, from which an analogy will be made to be applied in transit easements and the contents of Resolution 620 of 2008. In Colombia most of the easements in the rural territory of the country are de facto, which means that there is no legal instrument to establish and regulate the access through the servient estates; this implies conflicts in the use and tenure of the land. Legality allows the creation of a legal instrument that authorizes access through private property, limits use and prevents the modification of the easement strip.