What we do at each stage

Six stages, in the order a project needs them. Your Chilean counsel or ours reviews and signs off on every legal document.

  1. 1. Site screening

    We screen your target area with public data for distance to the grid, slope, access and land constraints.

    You receive
    A parcel shortlist with tax roll numbers, apparent owners and red flags.
    You decide
    Which parcels to approach, and in what order.
  2. 2. Title and encumbrance review

    We pull the Conservador certificates and trace each chain of title, including estates, co-owners, mortgages and recorded prohibitions.

    You receive
    A land matrix, parcel by parcel, ready for project counsel.
    You decide
    Go or no-go on each parcel, on project counsel's title opinion.
  3. 3. Negotiation and option

    We make first contact, keep terms consistent across the landowner group and close each option by public deed.

    You receive
    Signed options, each with a restriction on transfer recorded against the parcel.
    You decide
    Option payments, rent and term, and every draft before an owner sees it.
  4. 4. Lease, easements and recording

    When you exercise an option, we take the lease and easement deeds through the notary and record them at the Conservador.

    You receive
    Recorded leases and easements, with the certificates that show them.
    You decide
    When to exercise each option, and the final text of each deed.
  5. 5. Permits and line routes

    We obtain the landowner signatures that permits depend on, and negotiate gen-tie and access road easements along the route.

    You receive
    The land file for the rural construction approval (Art. 55 LGUC) and the environmental review.
    You decide
    Plant layout and line route, with your engineers and environmental consultant.
  6. 6. Land administration

    We track rent payments and UF indexation, send notices, and process assignments and lender consents.

    You receive
    A register of contracts and payments, kept current for the life of the project.
    You decide
    Assignments, amendments and any change to the project company.

We work for one party per engagement, and only that party pays us. Independence rules

Land services by project type

  • Solar and wind

    Screening criteria, the usual contract structure, rural land-use permits and the land risks that drive timing.

    Land for solar and wind
  • Battery storage (BESS)

    Small sites next to a substation, and the rural land-use rules for storage under Circular DDU 522 and Art. 55 LGUC.

    Land for BESS
  • Transmission lines and gen-ties

    Easements with every owner along the route, the electric concession as a backstop, and appraisal when there is no agreement.

    Transmission easements
  • The process, stage by stage

    What we do at each stage, what you receive, what we need from you and what the timing depends on.

    Land acquisition process

How Chile differs from the US, Europe and China

Six Chilean rules that change how a project's land is secured, each with the law that sets it.

Chile compared with what your team may be used to
TopicWhat you may be used toHow it works in ChileWhat we do
Title and recordingNote 1Title insurance, an ALTA/NSPS survey and a land register searched by parcel.Each Conservador indexes records by the parties' names. Title insurance is not standard practice; counsel's title study usually covers at least 10 years.We agree the review horizon with project counsel and your lender before ordering certificates, so the study is done once.
Minerals and waterNote 2Mineral and water rights checked as part of the land title.Mining concessions and water use rights are separate from land ownership. A mining concession can burden the parcel with easements, subject to compensation.We check the Sernageomin mining cadastre and the water rights records at screening, and flag overlaps before you sign.
Statutory easementsNote 3Eminent domain or utility condemnation.Solar and wind plants are not subject to electric concessions, so the plant site is negotiated. Lines and substations with a concession can impose easements.For lines, we negotiate voluntary easements first and prepare the parcel data in case the route needs a concession.
State landNote 4Leases or grants of public land from a land agency.The Ministry of National Assets (Bienes Nacionales) grants state land by paid concession, for up to 50 years, to Chilean legal entities.We flag state parcels at screening, so you can weigh a concession against nearby private land.
Indigenous landNote 5Tribal or indigenous land with its own approval rules.Indigenous community land cannot be leased, and an individual's indigenous land only for up to five years. Encumbering it requires CONADI authorization.We check the CONADI land registry at screening and flag communities near the site, since direct effects on them lead to consultation.
Foreign ownershipNote 6Reviews or limits on foreign ownership of land.Foreigners may own and lease land as Chileans do. Border zones restrict rural leases to foreigners and ownership by neighboring-country nationals.We check whether the site lies in a border zone before outreach, and raise any structuring question with project counsel.

Sources

  1. 1Ley del Registro Conservatorio de Bienes Raíces, arts. 31, 32 and 41; Civil Code, art. 2511 (extraordinary prescription of real property: 10 years).
  2. 2Mining Code, arts. 2, 120 and 122; Water Code, arts. 6 and 114.
  3. 3General Electricity Services Law (LGSE), arts. 2, 3, 14 and 51.
  4. 4Decree-Law 1.939 of 1977, arts. 57, 61 and 62.
  5. 5Ley 19.253 (Indigenous Law), art. 13; DS 40/2012 (environmental assessment regulation), art. 85; ILO Convention 169, art. 6.
  6. 6Constitution, art. 19 No. 23; Ley 20.848, art. 9; Decree-Law 1.939, art. 7; Decree-Law 993, art. 3.

Laws cited, at the Library of the National Congress of Chile (bcn.cl): Constitution · Civil Code · Ley del Registro Conservatorio · Mining Code · Water Code · LGSE · DL 1.939 · Ley 19.253 · DS 40/2012 · ILO Convention 169 · Ley 20.848 · DL 993.

Frequently asked questions

Is there a surface right (derecho de superficie) in Chile?

No. The plant site is held under a lease by public deed, recorded with the Conservador, with easements for access roads and lines. A template built on a surface right or an emphyteutic lease has to be redrafted on that basis. The Civil Code lists the real rights, and a general surface right is not among them (Civil Code, art. 577).

Do I need site control to file an interconnection request in Chile?

Not to file it. Land title is not among the minimum contents of a connection request to the Coordinador Eléctrico Nacional, Chile's system operator (DS 37/2019, art. 15). To declare the project under construction, the National Energy Commission (CNE) requires title to the land or a promise agreement (DS 125/2017, art. 19), and the Coordinador can revoke the approval if those filings come late (DS 37/2019, art. 25).

What do lenders review on the land before financial close?

Each lender sets its own requirements, and there is no public Chilean standard. We prepare the land file for that review: the title study, to the horizon your lender asks for; leases recorded before any mortgage, since only then do they bind the mortgagee (Civil Code, art. 1962); recorded easements; and the owner's written consent to assign a rural lease (DL 993, art. 7).

Are deeds signed in Spanish, and can we sign under a power of attorney granted abroad?

Yes to both. Public deeds are executed in Spanish, so any English version is a courtesy translation (Código Orgánico de Tribunales, art. 404). A power of attorney granted in a country that is party to the Apostille Convention needs an apostille, not consular legalization (Ley 20.711).

Do you work outside the Coquimbo Region?

Yes. Our direct field experience is in the Coquimbo Region, and the stages and instruments are the same throughout Chile because the laws behind them are national. In other regions we work with local surveyors and notaries, and our proposal names them before you engage us.

Related insights

Send us the project basics

Technology, MW, target region, development stage and target COD. If you already have parcels or a substation in view, include them.

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