Violation of legal distances: commentary on Order no. 17758 of 2024

The recent Order no. 17758 of June 27, 2024, issued by the Court of Cassation, offers important food for thought regarding the violation of legal distances on private properties and the effects that such violation may entail. Here, we will analyze the principles established by the Court and the implications for neighbourly relations, as well as the criteria for proving the damage suffered.

The regulatory context of legal distances

The issue of legal distances is governed by articles 872 and 873 of the Italian Civil Code, which establish the measures to be respected between constructions and the boundaries of neighbouring properties. These rules aim to protect privacy and the usability of outdoor spaces, ensuring a balance in neighbourly relations.

The ruling of the Court of Cassation

Legal distances - Violation - Existence of damage - Presumptive proof - Elements. In case of violation of legal distances, the existence of damage can be proven through presumptions, taking into account factors, also useful for equitable assessment, from which a reduction in the usability of the property, its value, and other elements that must be alleged and proven by the plaintiff can be inferred.

The Court affirmed that, in case of violation of legal distances, the existence of damage can be demonstrated through presumptions. This implies that direct proof of damage is not necessary, but that it can be inferred from circumstances that highlight a reduction in the usability of the property or its value. It is important to note that the judge may consider various factors to arrive at an equitable assessment.

Presumptive proof and equitable assessment

The possibility of using presumptive proof represents a crucial aspect of the ruling. Among the factors to be considered for the assessment of damage are:

• Reduction of natural light
• Diminution of privacy
• Economic depreciation of the property
• Any limitations in the use of outdoor spaces

These elements, if adequately proven, can support the plaintiff's claim for damages, thus highlighting the importance of correct documentation and testimony during the proceedings.

Conclusions

Order no. 17758 of 2024 represents an important step forward in protecting the rights of property owners in neighbourly relations. It clarifies that, in case of violation of legal distances, it is possible to prove the existence of damage through presumptions, thus facilitating access to justice for those in conflict situations. It is essential for property owners to be aware of the rules and their rights, in order to adequately protect their property and interests.