I can't help but I am…
Submitted by Clueless in Italy on Wed, 06/30/2021 - 11:54I can't help but I am following with interest as we have a property that borders a river and a stream, both with loverly swimming beach areas.
Our property was empty for many years and locals still cross our garden to access these areas.
We have a large (75kg) dog that looks fierce and barks so we regularly have to rescue the visitors.
I really don't mind but it would be good to know where I actually stand.
How have they blocked you access?
Hello Thank you for…
Submitted by spagnoli1 on Wed, 06/30/2021 - 12:57In reply to I can't help but I am… by Clueless in Italy
Hello
Thank you for responding
i have just called our lovely lawyer friend / neighbour who said that if one has used the access within the past 20 years then you will have the right to pass through the property
So in your situation you would have to block access for 20 years to claim it back . They could argue the 'Uso Capione '
But if it doesn't bother you that't good news .
As for us our lawyer will need to write to the judge and have our access re-opened
Where is your property ?
All the best
Sandra
I think you'll find that the…
Submitted by Maurice on Tue, 07/06/2021 - 06:55In reply to I can't help but I am… by Clueless in Italy
I think you'll find that the banks of the river are a zona demaniale. This means that you are not allowed to fence within 5m (to allow access for maintenance etc). If you can't fence then this allows access to others onto your garden. I'm sure the Italian experts will be able to explain it better.
We are in Piemonte up near…
Submitted by Clueless in Italy on Thu, 07/01/2021 - 07:47We are in Piemonte up near Alagna.
Good luck with your situation.
We are happy to let people pass through our garden we take it as a compliment and have even made some new friends this way.
Just to clarify if someone had used your garden to access another area any time in the last 20 years they can continue to do so?
Does this mean I can pass through the grounds of one of the beautiful and empty villas on the edge of Lake maggiore and if unchallenged continue to do so?
I think it is actually that…
Submitted by alan h on Thu, 07/01/2021 - 10:29Thank you No .. to get the…
Submitted by spagnoli1 on Thu, 07/01/2021 - 13:27In reply to I think it is actually that… by alan h
You have a right of way -…
Submitted by modicasa on Mon, 07/05/2021 - 01:13You have a right of way - the law provides you with a 20 year extinction - ie. if it isnt used for 20 years then there the right to pass becomes extinct. But as with most habitual stuff, it is rarely transcribed. AS regards your neighbour blocking access to the beach, He can put up a gate, but he has to give you a key. If he's just blocked it, you can unblock it, call the carabinieri or a lawyer.
Hi. Would you be able to…
Submitted by Clueless in Italy on Mon, 07/05/2021 - 08:29A right of way is a servitu…
Submitted by modicasa on Wed, 07/07/2021 - 00:54A right of way is a servitu on the property, it could be written into your act of sale/purchase or be transcribed by act. Those that exist merely because they exist tend to be historical - or agricultural and they're not really things that you can do nowadays as people are much better at delineating their land, not sharing water sources etc.
The beach and rivers to a certain extent though are demanio and as such are visitable by all. This does not mean that you have to allow all and sundry through your land, unless it is a well marked and comunal right of way. What you cannot do is block existing access, making a public road a private road for example.
If you have an interpoderal right of way then you cannot close it, unless you buy all hte lots of lands it serves, likewise nowadays you cannot sell a piece of land without access, so slowly these ancient rights and liens are becoming extinct.
Yes I understand this . We…
Submitted by spagnoli1 on Wed, 07/07/2021 - 02:48In reply to A right of way is a servitu… by modicasa
Yes I understand this . We have a historical right of way which is written in our contract.
we have photos of it a month ago and photos of it now .
our neighbour has just blocked it with mesh, metal , rubble etc (blocking our access)
we have written to him and had no response.
what can we do ?
I would call the carabinieri…
Submitted by modicasa on Wed, 07/07/2021 - 05:44I would call the carabinieri. Or go to the carabinieri with the photos and your atto, and they will take it from there. In my experience its the quickest and easiest way to deal with the problem. They will come and have words with the owner. (Its one of the few laws that seems to be easily enforced in Italy).