Servitù (Easement)

A servitude or easement – a right enjoyed by one property (dominant tenement) over a neighboring property (servient tenement) . Common servitù include right of way (passaggio) allowing one landowner to cross another’s land, rights of light or views, or utility easements. Italian easements are governed by the Civil Code (art. 1027 defines servitù as a burden on one land for the utility of another ). Easements “run with the land,” meaning they bind successive owners. Some are by law (e.g., drainage of rainwater, or servitù di passaggio granted to landlocked parcel owners), others by agreement between parties, and some by long-term use (prescriptive easements after 20 years of continuous use). A notary in a sale will list known servitù affecting the property. If you buy a house that benefits from an easement (like right to use a driveway on neighbor’s land) or that is burdened by one (neighbor has right to put pipes under your yard), you must respect it. Some easements can be extinguished if the dominant and servient properties merge under one owner or by abandonment/non-use after 20 years. It’s crucial to be aware of servitù: for example, a scenic view easement could limit building on a lot, or a utility easement could allow the town to dig on part of your land. They can impact property value and use. Legal disputes can occur if easements are not honored. The Civil Code and court decisions provide detailed rules (e.g., the owner of the servient land must not impede the servitude, the dominant owner must exercise it without needlessly burdening the servient land).