ISSN 3103-7305 • International English Edition
Property & Real Rights Law
Diamond Open Access
Vol. 1, Issue 3 (2026) • Art. 6600 • pp. 1–7
Adverse Possession of Easements with Unlawful Structures and Statutory Setbacks
Abstract
This article analyses judgment no. 24767/2026 of the Italian Supreme Court on the adverse possession of building easements built in violation of statutory setback limits and without administrative permits. The author examines the distinction between private property law and public planning enforcement, as well as the subjective limits of acts interrupting possession among co-owners.
Key Legal Takeaways
- Autonomy of Private-Law Relations: The absence of a building permit or planning authorization operates exclusively within the public-law relationship with the municipal administration and does not deprive the structure of its status as a legal asset capable of possession.
- Original Acquisition of Title: Acquiring by adverse possession ( usucapione ) the easement to maintain a building at a distance shorter than the statutory minimum presupposes solely the physical existence of visible and permanent works pursuant to Article 1061 of the Italian Civil Code.
- Subjective Scope of Interruption: The rules governing joint and several obligations under Article 1310 of the Italian Civil Code do not apply to rights in rem ; accordingly, a statement of claim served on only some co-possessors fails to interrupt adverse possession as against omitted co-owners.
- Preservation of Public Enforcement Powers: The perfection of acquisition by adverse possession between private neighbours neither precludes nor prejudices the repressive and restorative powers vested in the public administration.
Suggested Scholarly Citation & Original Reference
International / OSCOLA Citation: Bruno Taverniti, ‘Adverse Possession of Easements with Unlawful Structures and Statutory Setbacks’ (2026) 1(3) Metodo Giuridico (ISSN 3103-7305) Art 6600, 1–7 <https://www.metodogiuridico.it/2026/11/09/usucapione-servitu-distanze-legali-abuso-edilizio-cassazione-24767-2026/en/>
Original Italian Title: L’usucapione di servitù con manufatto abusivo e le distanze legali — License: Creative Commons CC BY-NC-ND 4.0.
