Back to Publications

Conflict between Owner and Concessionaires Due to Praedial Occupation Under the Chilean Legal System

Juan Paulo Bambach, Mining Law & Investment in Latin America (2003)

The subject to which I will refer will sound to you as known and lengthily discussed in previous meetings of this same foundation. On this occasion the Chilean case will be dealt with specifically, under the assumption that the comments that follow, in general, are applicable to the rest of the South American countries that share the juridical tradition of Chile, that, as far as mining is concerned, has its origin in Spanish legislation and in civil law of continental Europe as regards the right to property.

The sole re-edition of the discussion on the praedial occupation and the solution of the controversies that arise therefrom are proof that far from having surmounted the discussion, the problem increasingly becomes current and acquires greater relevance. Thus, it is frequent to find that a same estate can be subject to the encumbrance of being occupied for the development of several activities such as mining exploration and exploitation, the laying of systems for the transportation of gas, the installation of aqueducts, electric post lines, telecommunication facilities, use of geothermic energy, etc.

This coexistence between owner of the soil and concessionaires or titleholders of rights of different kinds in the same spatial environment, gives rise to disputes especially when the activities do not correspond to the destination of the estate or when the ac