The Real Estates and the Local Services

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The systems were accessed, both through the stairwell and when it was a question of allowing vehicles to pass to carry diesel oil and the heavy equipment necessary for the maintenance and repair of the plants through the appropriate access ramp. A visit to makes things perfect.

The Owner Options

The owner of the entire building has placed and left the places in the state of affairs from which the easement of vehicle passage from the access ramp results, this being a visible and permanent work intended for the exercise of access to the premises where the common facilities. that, having established the condominium following the separate sale of the floors and portions of the floor, and having purchased the S. from the original owner of the entire building, the premises with relative square where the most important condominium systems and the access ramp are located, an easement was set up for the destination of the family man for the benefit of the condominium via the ramp.

The Easement

The existence of the easement for the destination of the father of the family, insistent on the room with its square and access ramp, is acknowledged in the same deed of sale of 10 May 1983, with which the S. purchased from B. la property of the warehouse and storage room located on the underground floor, with the square and the access ramp.

  • This factual situation use of the access ramp with vehicles to provide for the needs of the condominium plants continued, for at least a decade, even after the purchase.
  • This being the factual basis, that the appellant’s complaints are unsuitable for scratching, the Court of Florence correctly considered that, in favor of the condominium, servitude for the destination of the father of the family was purchased, reconnaissance contemplated in the same purchase license as the owner serving bottom.
  • Indeed, in the event that, in a condominium building, some common systems, the heating plant, the autoclave and the sewage lifting system are installed in the square and in the premises owned exclusively by the individual condominium, exclusive owner also of the ramp, used for access with vehicles for the necessary periodic checks of the plants and for the maintenance and repair of the same, there is an easement with the characters of appearance, susceptible of constitution for the destination of the father of the family, pursuant to law if such was the factual situation posed or left by the sole owner of the building when, with the fractional sale of the floors or portions of the floor, the condominium arose.

The appellant’s reference to court given that here we are not faced with a legal limitation of the right of the owner of the fund for an occasional and transient utility of the neighbor whose content is the provision of consent to access and passage, but to an easement of access driveway through the ramp, originally established, to be borne by the exclusive property of the individual condominium and to the advantage of the condominium for the completion, with the necessary regularity and frequency, of all the refueling, regulation, control and maintenance operations of the common systems.