Judgment no. 19746 of 2024: Creation of an Agrarian Vicinal Road and Incidental Co-ownership

Judgment no. 19746 of July 17, 2024, issued by the Court of Appeal of Potenza, addresses a matter of significant importance in agrarian and civil law: the creation of agrarian vicinal roads and the legal consequences that arise from it. This decision highlights how the establishment of such roads not only involves a change in land use but also the emergence of incidental co-ownership among the owners of adjacent land.

The concept of incidental co-ownership

The Court ruled that the creation of an agrarian vicinal road automatically generates incidental co-ownership. This means that no contractual or written act is necessary to establish such co-ownership. In fact, the mere construction of the road and the contribution of land portions by the owners of contiguous properties lead to the loss of individuality of the individual portions, creating a new asset that becomes accessory to the various properties. This situation is governed by the principles established by articles 817, 922, and 939 of the Italian Civil Code.

The maxim of the judgment

Creation of an agrarian vicinal road - Emergence of incidental co-ownership - Modalities - Effects - Collatio privatorum agrorum - Respect for social function - Existence - Conflict with art. 42 of the Constitution - Exclusion. The creation of an agrarian vicinal road gives rise to incidental co-ownership which derives, without the need for a contractual act, let alone a written act, from the contribution of land areas by the owners of contiguous properties and from the actual construction of the road itself, thus determining the loss of individuality of the individual portions and the birth of a new asset accessory to the various properties, based on the principles established by articles 817, 922, and 939 of the Civil Code; consequently, conflict with art. 42 of the Constitution is excluded, as the collatio privatorum agrorum constitutes a widespread ownership characterized by the primary function of enjoyment, respecting the reservation provided by the constitutional Charter.

This maxim represents an important reference point for understanding the dynamics of creating vicinal roads and their relevance in the context of agrarian property. In particular, the Court's interpretation clarifies that the creation of a vicinal road does not conflict with the principles of protection of private property, guaranteed by art. 42 of the Constitution, as it is configured as a form of widespread ownership that respects the social function of the land.

Final considerations

In conclusion, judgment no. 19746 of 2024 offers a clear and detailed view on the creation of agrarian vicinal roads and the legal implications connected to it. Incidental co-ownership, which automatically arises from the creation of such roads, represents a fundamental aspect to consider for landowners and professionals in the sector. It is essential that the parties involved are aware of these dynamics to avoid disputes and ensure proper management of their properties.