Analysis of Judgment No. 9456 of 2024: Accession and Co-ownership in Buildings
The recent Order of the Court of Cassation No. 9456 of 04/09/2024 offers important clarifications on the issue of accession and co-ownership in condominium contexts. This judgment, issued in a case between S. (B. F.) and R. (V. P.), focuses on exclusive ownership in the case of constructions made on adjoining areas, shedding light on the rights and obligations of owners. In this article, we will analyze the details of the judgment and its impact on Italian legislation and established practices.
The Principle of Accession and Exclusive Ownership
The judgment clarifies that, in the case of a unified construction on adjoining plots of exclusive ownership, each owner acquires, by the principle of accession, ownership of the portion of the building that is in vertical projection onto their own land. This means that each owner is entitled to the part of the building that stands on their soil, unless otherwise agreed. This aspect is fundamental to avoiding conflicts between neighbors regarding common structures, such as staircases and systems.
Unified construction on adjoining areas of exclusive ownership - Accession - Applicability - Acquisition of exclusive ownership by each landowner of the corresponding vertical portion - Works and structures intrinsically serving the entire building - Incidental co-ownership of use and enjoyment - Conditions. In cases where multiple parties, exclusive owners of adjoining areas, agree to construct a building, by the principle of accession, each of them, unless otherwise agreed, acquires ownership only of the part of the building that lies in vertical projection onto their own land. Consequently, even works and structures intrinsically serving the entire building (such as staircases, entrance halls, heating systems, etc.) fall, by accession, in whole or in part, depending on their location, within the ownership of one or the other, except for the establishment of incidental co-ownership of use and enjoyment over them, as they are functionally inseparable. This entails the obligation for individual owners to contribute to the related maintenance and operating expenses in proportion to their respective ownership rights.
Implications of Incidental Co-ownership
The judgment also emphasizes the concept of incidental co-ownership of use and enjoyment. When works and structures are functionally inseparable, co-ownership is established among the owners, which entails the obligation to contribute to maintenance and management expenses. This aspect is crucial in a condominium context where expenses can quickly accumulate and become a source of litigation.
- Common works require shared management.
- Each owner must contribute in proportion to their ownership rights.
- Lack of agreement can lead to legal disputes.
Conclusions
In summary, judgment No. 9456 of 2024 offers a clear perspective on how the rules of accession and co-ownership should be interpreted in cases of construction on adjoining areas. Owners must be aware of their rights and obligations, especially in complex condominium contexts. It is essential that purchase agreements and agreements between owners are carefully drafted to avoid future disputes. Adequate legal advice is recommended to ensure that the rights of all owners are adequately protected.
