Judgment No. 21648 of 2024: Property Rights and Limits on Subsoil Use
Recently, the Court of Cassation issued an important order, No. 21648 of August 1, 2024, which addresses a fundamental issue in property law: the use of the subsoil. The central question concerns the rights of the landowner and the limitations imposed by third-party activities conducted at depth. Let's analyze the key points of this judgment and its significance in the current legal context.
Landowner's Rights
According to the principle contained in the order, "The landowner, as such, has the right to use the subsoil as well, as an integral part of the property, and therefore, to oppose any activity that a third party wishes to carry out in the subsoil within their property rights." This principle underscores the owner's right to exercise total control over what happens on their land, including the subsoil. This principle is founded in the Civil Code, specifically in Article 840, which establishes the right of ownership and its extensions.
Limits to Property Rights
However, the judgment does not merely confirm the owner's right. It is important to note that, as clarified by the Court, "the owner's right to the subsoil, however, finds a limit to its extent in the possibility of utilization that the holder of such right can make of the subsoil." In other words, the owner cannot oppose all third-party activities in the subsoil, but only those that cause actual prejudice to their right. This introduces a dimension of balance between the rights of owners and the needs for subsoil utilization by third parties.
- The owner can take action against activities causing prejudice.
- The third party can demonstrate the owner's lack of interest.
- Activities must take place at a depth that does not concern the owner.
Conclusions
In conclusion, order No. 21648 of 2024 offers a clear and articulated view of the owner's rights regarding the subsoil. It establishes not only a robust property right but also the need to consider the limits of this right in relation to third-party activities. This judgment is part of an evolving legal context, where it is essential to find a balance between individual rights and collective needs. Legal professionals and landowners must keep these guidelines in mind to avoid conflicts and ensure harmonious management of underground resources.
