The regulation of mining easement in Peru has sparked debate regarding its impact on property rights. While expropriation for mining purposes cannot be implemented under the current constitutional framework, article 37 of the Consolidated Text of the General Mining Law, which allows it to be requested, has not been expressly repealed. In this context, mining easement emerges as an apparent alternative for mining concessionaires to request access to the land of those who hold surface rights within their concession. However, its application is very unlikely in practice due to procedural complexity, landowner opposition, and regulatory unpredictability. This paper examines the current legal framework of mining easement and its relationship with expropriation, analyzing the key differences between these legal figures and their impact on private property. Furthermore, it reviews the main doct...

The regulation of mining easement in Peru has sparked debate regarding its impact on property rights. While expropriation for mining purposes cannot be implemented under the current constitutional framework, article 37 of the Consolidated Text of the General Mining Law, which allows it to be requested, has not been expressly repealed. In this context, mining easement emerges as an apparent alternative for mining concessionaires to request access to the land of those who hold surface rights within their concession. However, its application is very unlikely in practice due to procedural complexity, landowner opposition, and regulatory unpredictability.This paper examines the current legal framework of mining easement and its relationship with expropriation, analyzing the key differences between these legal figures and their impact on private property. Furthermore, it reviews the main doctr...