Italian Rights of Way
Our property comprises two buildings joined at the first floor. A right of way goes along a path between the two buildings and under the join.
We are hoping to demolish one of the buildings so that our garden will fully adjoin the house (ie we will get rid of the path). We recognise that we have, at the very least, a moral obligation to provide a right of way. One of our neighbours has an orto at the end of our land and the existing right of way is the easiest way for her to access it. We can provide an alternative path around the other side of our land but this would add about 6m to the distance that she would have to walk.
I don't think we have anything in writing that states that the existing path is a right of way but I would imagine that it is either recorded at the commune in some way of there is a right of way established by custom.
Has anyone had experience of moving a right of way? Is there likely to be a legal process or can it be donw by agreement?
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There are 5 replies to this post
Commune
Check with your Commune when you enquire about permission to demolish said building, as they will hold historical rights of way data and may in fact own the rights to the path between the properties.
its not your choice
Basically, you cant do anything without the consent of the person who uses the right of way. if they refuse your offer of a new right of way, you are back at square one.
Right of way
It sounds likely that the right of passage is only enjoyed by your neighbour. If this is the case (and if the piece of land is catastally in your ownership, and not communal) it may be that you can negotiate with your neighbour and exchange the 'passage' for another route, as you suggest.
If the neighbour is agreeable I would recommend you consult a notaio and do a miniature public act recording the agreement. It shouldn't cost much at all.
LOOK AT THE TITLE
If a legal right of way exists, it would be recorded on the title. Sometimes it is not in full, but a reference is made to the original title where it is consigned. Read the full text and ask for a copy of the notary's title where the right of way is mentioned (I think it is expensive.... more than 200 euros for a copy unless you can convince your own notary to give you a copy. If it is not in writing... there is no official right of way.
well first you have to check
well first you have to check the property deeds, then if the right of passage exists you can agree with the owner of the orto if it suitable to move it. If it is get a Notaio and modify both deeds. If you need any further details my husband is a solicitor and has dealt with many similar issues in the past you can email me on paolapasino@hotmail.com
Paola