11915 Communal road

Maps show an old communal road crossing our land. In reality, it it nearly all completely overgrown. In places whole chunks have eroded with landslips. It is unsurfaced and doesn't look it's had much use for at least 50 years, if not much more.

We have been told we may be able to 'buy out' the road from the commune for c.€10,000. This would provide us with more planning flexibility e.g. wider pavimento around the house and ability to put a gate across the entrance. It is hard to judge the area as the road winds its way across the 5 hectare plot.

Has anyone encountered this issue before?

Category
Property Sales/Rental Advice

Submitted by Anonymous (not verified) on Fri, 03/13/2009 - 19:15

Has this 'disused' road been deviated (in other words, is there currently a more recent road which is in common use as a 'diversion'?)

Submitted by Anonymous (not verified) on Sat, 03/14/2009 - 19:36

From maps, looks like it was a track used to access farm land that went down the side of the valley we own down to the stream at the bottom, then up the other side through neighbouring land. No obvious 'new' substitute road as such: I guess the neighbouring farmers must just be able to access all their land by other routes.

Submitted by Anonymous (not verified) on Sun, 03/15/2009 - 03:27

Any right of servitù becomes extinct if not used for 20 years. If they neighbours have access via other routes and have not used the road for more than 20 years there should be no problem. If the comune is happy to sell you the road, with no vincolo on the land granting access to all and sundry it sounds like you are home and dry - but even if the comune is selling the land, they can't negate any right of servitù that goes with it. You need to only to use the raod once in 20 years to keep the right of access - and in the end it becomes your word against the neighbours.