On July 20, 2022, Law No. 21.458 was published in the Official Gazette, which amends Decree Law No. 3.516 on subdivision of rural properties, hereinafter referred to as “DL”, as follows:

1. It incorporates in Article 1° that the land resulting from a subdivision carried out in accordance with the DL must have access to a public space or to a road coming from the process of subdivision of the agricultural reform.

It also adds that the interior common roads of a rural community, whether they are made up of easements or road lots, must be maintained on a pro rata basis by the owners in order to guarantee access between the public space and the respective properties.

2. It also adds to the aforementioned Article 1 that, unless expressly stipulated to the contrary, in road lots or transit easements that have been projected as such in the subdivision plans certified by the Agriculture and Livestock Service, it shall be understood that a transit easement has been constituted under the terms of Article 881 of the Civil Code, and such easements must be registered in the competent Real Estate Registry.

Should you require additional information on this matter, please contact Sven Herlin (sherlin@jdf.cl), and/or Julio Trucco (jtrucco@jdf.cl).