Searches

Right of easement on panoramic view


The right of servitude o predial easement (in the case of land), is a right of enjoyment that can be applied to someone else's property. The right of easement it can be imposed on an owner of an asset even against his will. The right of servitude is governed by article 1027 of the civil code, however, this article does not specify any rights regarding a panoramic property.

In our legal system, in fact, nothing is explicit right of servitude for panoramic views, however, this argument finds precedents both in the sentences of the judges and in the principles developed by the jurists.

As well as the features of energy efficiency increase the economic value of the house, even the panoramic view is considered an economically evaluable dimension. Based on this principle, your neighbor will not be able to install mini wind turbines, nor solar panels nor erect a hedge so high as to damage your panoramic property.

The panorama is an added value to the property, it can increase the economic evaluation of a building. The landscape, therefore, can be limited by plantations or new buildings. In the case of the legitimate construction of a new building it is not possible to ask for any compensation, however, a recent sentence of the Court of Cassation, allows a glimpse of light.

Although there is none right of servitude on the landscape, the Supreme Court of Cassation, with sentence of 27/02/2013 n.2973, specified that the so-called panorama easement “It consists in the particular amenity of the dominant fund for the view it enjoys and that in order to be able to purchase it for the father of the family's destination it needs visible and permanent works”.

In other words, if your house overlooks the sea and one of your neighbors (not necessarily neighbors) plants trees that will not allow you to enjoy the landscape, you can assert yours. right of servitude of panorama in court. The first step to take, however, is to seek an amicable agreement in order to ask your neighbor not to limit the panoramic view by emphasizing the position of the Supreme Court of Cassation.



Video: PWEDE BANG IPASARA NG MAY-ARI NG LUPA YUNG BAHAGI NG LUPA NIYA NA DINADAANAN NAMIN? (January 2022).