The protection action against obstacles that impede access to real estate in Chile

Abstract

This article, within the context of Chilean law, examines the placement of physical obstacles on public roads that hinder or prevent owners from accessing the real property they own, thereby not only violating the right of ownership but also infringing upon various other rights. This has led to the emergence of disputes that must be resolved by the courts. Thus, the purpose of this paper is to propose criteria that will contribute to the resolution of disputes arising from the placement of obstacles that hinder access to properties over which one holds the right of ownership. To this end, the article employs the doctrinal legal method and document analysis. Ultimately, the following criteria for resolution are proposed: the absence of an uncontested right; the proof of the infringement; the exclusion of matters belonging to other proceedings; the importance accorded to maintaining the status quo; the prohibition of self-help; and the impact on rights other than the right of ownership. Finally, the conclusions are presented.