Hi. Sorry for the English, this topic is to tricky for me to write in Portuguese and if anyone can translate I would be very grateful.
2 years ago we bought a house and land that boarders to a municipio road. The land appears on cadastral map without a path. In fact its shown with a lose rubble wall across the current access. There is no mention of any servidão in any documents.
For some time before we obtained the property neighboring houses have past via our urban plot very close to the house, These are holiday homes and the hours of passing and speed of driving not good for our animals and children. Some small damage has already been done to our property via careless driving. As a result we would like to close the road and put back the rubble wall shown on the cadastral map with a gate for our access only. This will also unify the house and rustic land which can then be closed totally.
according to the cadastral map there is foot paths linking our neigbors behind our house on other rustic land not owned by us. these paths are disused and blocked from the road by another house but the google maps from 2006 shows a path someone used to drive on the same rustic plot north of the house. I think this route is still passable but no longer marked in the floor as everyone now drives our way.
I feel some kind of short cut has been formed across our house and has been in use some time. It appears as a road in google maps but not as a road in the data held by dgterritorio. I thought when we bought the house it really was a road but am starting to think otherwise.
Do you think we have a case to close and request they pass rustic plots which already have footpaths to link these houses together. Or will it be a legal road across our urban plot via usucapião.
The rustic land we own is Walled with lose stone, I do not think we are obligated to give another path on that. I think they should use the rustic land at he back. Maybe they know this also but hoped I would never notice as it adds around 200m to them and means they would have pass a road that no one is maintaining.
Sorry again for the English. Answer In Portuguese if you wish. I can read it fairly well but writing not so well.
I am a bit worried about uploading the images as one of my neighbors is well known in the area and this place is well known and probably recognizable, I worry someone might tell them my intentions. I am not certain if they know or not the possibility of usucapião. The might have even started this process or will soon as one of them wishes to sell.
How do I obtain the escritura for the other plots. Can it be done online.
They are Not directly bordering a road. They have to pass other rustic plots at the rear. The rustic plots have paths on the cadastral map. The path touches one of the plots bordering the road which is without a wall. The path dose not seem to pass though this houses land but it would seem strange a path exists for a building with road access already.
You need to sort that out with the municipality, first... Many cadastral maps are not updated or are incorrect... In What council is the issue? Or just put a google screenshot of your land and neighbours.... It´s not easy your neighbors see this topic...
Anda first of all, as you are newcomer.. please Be kind, and be as good neighbour as your neighbours... Please be advise, as being a foreign... Our lwas may not be like you are use too... Be careful on making accusations...
Not sure why are you here even... If you dont speak portuguese it's going to be harder to help and since this is an serious issue for you, why not call someone that should help you: lawyer And this shitty problems of roads are always a headache! I know, because i've already passed by that!
I think you need to get yourself a lawyer and have a meeting at the local Camara Municipal. Fist of all its a bit hard to properly address you r problem here because we are unsure of what is really going on in you particular situation. when it come to paths, roads and especially rural roads it can get tricky. just because the road used is on your land wont mean you can simply block it. paths and roads are public throughways regardless of whose land they cross. especially in rural areas.
Like I said, I am unsure of exactly your situation but for example. there may be situations where if you do want to fence off all your land into one single area you can move that path or road to another extremity of the land thereby maintaining people right of passage.
thats just an example by the way I am in no way saying this is what you must do. again, your best bet will be a lawyer and a meeting at the CM.
ps to upload click on -anexar ficheiros just below where you are writing, then browse for the file