ON BEING A GOOD NEIGHBOUR
... IN ITALY
My apple trees will never get across/
And eat the cones underhis pines. I tell
him. / He only says, "Good fences make
good neighbours". [Mending a Wall]
Robert Frost (1874 - 1963)
Dr Claudio Del Giudice
Rivington House
82 Great Eastern Street,
London EC2A 3JF
(United Kingdom)
Tel 0044 207 613 2788
Fax 0044 207 613 2799
And now that you own your Italian
property, make sure you enjoy it without neighbour problems, or if you do have
problems, at least make sure you know your basic rights and duties. This is only
partial outline, in case of actual problems it is always advisable to consult an
Italian lawyer.
Here follow some excerpts from the Italian Civil Code you may find useful:
ON PROPERTY
Extent of the owner’s right - The owner has the right to enjoy and
dispose of his property fully and exclusively, within the bounds and in
compliance with the legal system.
Malicious acts - The owner is not entitled to act with the sole purpose
of harming or causing nuisance to others.
Expropriation in the public interest - None can be deprived, wholly or in
part, of his property except where this is necessary in the public interest. In
such cases, the public interest must be legally declared and any expropriation
can only be effected upon payment of a fair indemnity.
The rules as to public expropriation are provided by special legislation.
ON OWNERSHIP OF LAND
Subsoil and air space - The ownership of land extends to the subsoil ,
with anything that may be appurtenant to it and the owner can freely dig and
carry out any work which will not damage his neighbour`s. This rule does not
apply to anything which is subject to the laws on mines, quarries and peat-bogs.
Anything subject to the legislation on antiquities and fine arts, on water or
hydraulic works and other special legislation, is also excluded.
The owner of the land cannot object to the actions of third parties which are
carried out at such a depth, or so high up in the air space, that cannot
possibly affect him.
On fencing the land - The owner can always fence his land, at any time.
On hunting and fishing - The owner can not prevent the access of hunters,
except where the property is fenced in as provided by the law on hunting, or
crops are being grown which may be damaged.
The owner can always prevent the access of anyone who does not have a licence
issued by the authorities.
Any fishing is subject to the consent of the owner of the land.
On neighbours` access to land - The owner must always allow access and
passage across his land to his neighbour when this is required in order to
repair walls and other buildings. Where any damage is caused, a fair indemnity
is due.
Similarly, the owner must allow access to anyone who wishes to collect his
property which has accidentally ended up on the land, or to collect any animal
which has escaped. The owner may avoid such access of third parties, by
delivering up to them their property or animals.
On interference - The owner cannot prevent smoke, heat, smell, vibrations
and similar matters / nuisances originating from his neighbour’s property for so
long as these matters came within what is normally accepted, considering the
nature of the neighbourhood.
In applying this rule the Courts shall balance the interests of the owner with
the interests of the economy.....(etc.)
ON MINIMUM DISTANCES BETWEEN BUILDINGS AND PLANTS, AND ON WALLS DITCHES AND
HEDGES BETWEEN PROPERTIES.
On distances between buildings - Buildings belonging to adjoining owners
must either be fully joined to each other or must stand at a minimum distance of
three metres from each other. Local regulations may provide for a wider minimum
gap.
Compulsory joint ownership of boundary walls - The owner of land next to a
boundary wall of his neighbour may apply for the joint ownership of the full or
a section in height of such wall, on condition that it will apply to its full
length. In order to obtain such joint ownership payment must be effected for the
value of 1/2 of the wall in question and of the land on which the wall is built.
Compulsory joint ownership of walls other than boundary walls - Where a wall is
less that half a meter away from the boundary, or less than half of the minimum
distance otherwise provided by local regulations, a neighbour can apply for the
joint ownership of such a wall only if he intends to build on or next to the
wall itself. In this case payment is due for the value of one half of the wall
and for the value of all the land taken up by the new building, except where the
owner prefers to extend his wall up to the boundary.
Any neighbour wishing to acquire such joint ownership must first ask the other
owner whether he prefers to move the wall up to the boundary or otherwise to
pull it down. The owner must then reply within the next 15 days and must
complete any building or demolition work within the following 6 months.
Assumptions as to ownership of dividing walls - The wall running between
adjoining buildings is assumed to be jointly owned up to the top of the
buildings. Where the buildings in question have different heights, up to the
point where one building is higher than the other. Similarly dividing walls
between courts, gardens, kitchen gardens or fields are assumed to be jointly
owned.
Sole ownership of dividing walls - Boundary walls between fields, courts,
gardens or kitchen gardens are assumed to be fully and solely owned by the owner
of the land on which the slope at the top of the wall allows rainwater to
run.... (etc.)
Repairs to the jointly owned boundary wall - All owners shall share the
cost of repairs and re-construction required by a jointly owned wall, in
proportion to their entitlement, except where the repairs or re-construction are
due to the acts of one of the owners.
Any joint owner of a jointly held wall may avoid these expenses by renouncing
his rights over the wall, on condition that the said boundary wall does not
support any of his buildings. In any case such renunciation will not apply to
the owner who caused the requirement for the repairs / re-construction in the
first place.
Compulsory minimum distances for wells, water tanks, ditches and pipes -
Where one party wishes to dig wells, build water tanks, septic tanks or manure
tanks near boundaries, even where any boundary is marked by a wall, he shall
allow a minimum distance of two metres between the boundary and the nearest
internal part of the above works.
Any pipes carrying dirty or clear water, gas pipelines and similar must be
located at least one metre away from any boundary. All applicable provisions in
local regulations are excepted.
Compulsory minimum distances for trees - Anyone wishing to plant trees next
to his boundary shall comply with the minimum distances provisions in local
regulations and customs. If no such regulation or custom applies the following
minimum distances from the actual boundary will be required:
1) Three metres for forest trees - forest trees are those trees whose trunk, on
its own or with branches, reach a substantial height such as walnuts, chestnuts,
oaks, pines, cypresses, elms, poplars, plane trees and similar trees
2) One metre and a half for trees which are not forest trees. These are trees
where the branches grow out of the trunk at a height of less than three meters
3) half a meter for vines, bushes, hedges and fruit plants not exceeding two and
a half metres.
Such minimum distance must however be at least one meter for alder, chestnut and
similar trees / hedges, which are cut back to their base periodically, and two
metres for robinia hedges.
The distance must be measured between the boundary and the external bark of the
tree at the time of planting, or the line of planting itself.
Such minimum distances are not compulsory where there is a boundary wall, on
condition however that the trees will not be allowed to grow higher than the
wall itself.
Trees at an illegal distance - A neighbour can always apply for an order
that trees or hedges which are planted or grew naturally at a distance from the
boundary which is less than the above, be removed.
Cutting of overhanging branches or invasive roots - Where tree branches
of a neighbour overhang over the property of another, the owner can always
compel his neighbour to cut them back, similarly such owner can himself cut any
roots invading his property, subject to local regulations and customs.
Unless local customs otherwise provide, any fruit naturally dropping from the
neighbour’s overhanging branches, belongs to the owner of the land on which it
fell... (etc.)
WARNING: Please keep in mind that these are only the outlines of the
relevant detailed legal provisions, if you have any serious concern / problem
you must always consult an Italian lawyer. I cannot accept any responsibility
for the points dealt with in this section unless I have first given specific
professional advice on the matter.
Avv. Claudio Del Giudice
(Italian lawyer)
Copyrights reserved - February 2007