Supreme Court confirms that closing a local road with a gate constitutes an act of self-protection and violates due process
The highest court upheld the ruling that established that the installation of a gate that prevents free transit on an interior road constitutes an act of self-protection, by altering a pre-existing de facto situation without a judicial decision, thereby violating the guarantee of due process.
The Court of Concepción upheld the injunction, finding that, although the appellants acted within the limits of their dominion, the installation of the gate constitutes an act of self-protection that arbitrarily alters a pre-existing factual situation, violating the guarantee of due process.
The court reasoned that, even if the appellants claimed to have acted with the consent of other neighbours and with the purpose of improving the security of the sector, they could not by themselves restrict the use of a transit route historically used by the appellants, as the law provides for judicial mechanisms to resolve this type of dispute.
Consequently, it ordered the appellants to keep the road used by the appellants free of obstacles, to refrain from obstructing traffic and to provide keys to the installed gate within 3 days.
On appeal this ruling was upheld by the Supreme Court.
Official documents of the case:
Related professionals
LATEST FROM #ECIJA
On 19 June this year, “Act No. 1282, ‘Act on Amendments and Additions to Act No. 977, the Act against Money Laundering, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction’.
The success and actual profitability of a pre-sale property investment depend crucially on the legal soundness of the project and its contractual structure, rather than on commercial factors such as price or location.
With these five new additions, the firm strengthens its operations in real estate and urban planning, immigration and citizenship, and TMT.
REVI, the artificial intelligence tool promoted by the CChC and CENIA, continues to expand its implementation in different municipalities to streamline and increase transparency in the building permit process.
The Supreme Court confirmed that closing a neighbourhood road with a gate constitutes self-injunction and violates due process, ordering the restoration of free access.
We announce the incorporation of Enrique Fuentes as a new partner of ECIJA in Chile, where he will lead the Real Estate practice.
Articles 24 and 25 of the Condominium Law were updated to allow homeowners’ meetings to be held online using technological tools.
The Legislative Assembly is processing a reform to modernise urban planning and strengthen municipal autonomy in the approval of regulatory plans.
The regulations require documenting payments in transfers and real estate transactions, reinforcing transparency and security in the real estate market.
