News
Recent guidelines on the subject of apparent easement
- 13/05/2021
The Supreme Court, with order of 6 May 2021, n. 11834, established that the requirement of the appearance of the easement, necessary for the purpose of its purchase by usucapione or for the destination of the father of the family, is configured as the presence of visible signs of permanent works objectively intended for its exercise and revealing, in a way unequivocal, the existence of the weight weighing on the serving fund, so as to make it clear that it is not an activity performed on a precarious basis, but a precise burden of a stable nature; it follows that, for the purchase of an easement of passage on the basis of these methods, the existence of a road or route suitable for the purpose is not enough, since it is, conversely, essential that they show that they have been made to the precise purpose of giving access to the alleged dominant fund through the alleged serving and, therefore, a "quid pluris" is needed to demonstrate their specific destination for the exercise of servitude.
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