Does your right of way expire when a plot of land is split?

Questioner

Enclosed terrain of 1200m2 is cadastrally split. On the 1200m2 there is a right of way. Will this be transferred to the 2 owners of each 600m2? Or should this be requested again from the owner of the plot next to it where there is now a right of way. (There is no other way to get rid of the plot)

Lawyer

No, it will not expire: Article 76 regulates this perfectly. 'When the dominant estate is divided, the easement continues to exist for the benefit of each portion for the benefit of which it may extend'

Lawyer

that is not so easy to answer. First of all, I assume because of the question that the 1200m2 site is the dominant property and the adjacent plot is the servient property and a right of way has been granted. In the event of division of the dominant property, the easement will in principle apply in favour of both plots (created after the division). However, the servient property does not have to tolerate an increase in the right of way. It is therefore advisable to make new agreements with the servient property about the content of the easement for the purpose of the division.