The expropriated property shall be acquired free of exactions and encumbrances. However, easements (servidumbres) may be conserved over it, provided they are compatible with the new purpose of the property and there is an agreement between the expropriator and the holder of the easement right.
When the expropriated property is subject to encumbrances or charges, the judge shall separate, from the amount of the compensation, the quantity necessary to cancel them and shall disburse the respective amounts to the appropriate party, after a hearing with the expropriated party and third parties with a legitimate interest.
In the case of transferred easements (servidumbres trasladadas) that exist on the margin of the expropriated property as an encumbrance, but not in the physical reality of the real estate, the notary shall attest, in the public deed, that the easement (servidumbre) does not exist in materiality and lacks current interest, based on a technical report prepared by the expropriating administration, which shall be sufficient for the National Registry to cancel the entry without further procedure.
In those cases where the owner of the real estate to be expropriated accepts the administrative appraisal and the real estate bears limitations imposed by Law No. 4240, Urban Planning Law, of November 15, 1968, and its amendments; Law No. 7575, Forestry Law (Ley Forestal), of February 13, 1996, and its amendments; Law No. 5060, General Law of Public Roads, of August 22, 1972, and its amendments; Law No. 276, Water Law, of August 27, 1942, and its amendments; Law No. 139, Law of Possessory Informations, of July 14, 1941, and its amendments; and Law No. 2755, Law on Location of Undivided Rights, of June 9, 1961, and its amendments, or any other law, the State Notary's Office shall proceed to prepare the corresponding transfer deed in favor of the expropriating administration.
In all these cases, the National Registry, at the request of the authorizing notary, shall proceed to cancel the registration entries on the expropriated real estate. In the case of segregations, the cancellation shall be made only on the lot to be expropriated.