Practical regulations
Managing easements in a condominium
In condominiums, easements, a right of way over a shared courtyard, a view over a light well, the use of a common space reserved for one specific unit, are a recurring source of friction because they combine private real rights with the management of shared property. An easement is not a condominium rule: it is a burden imposed on one property (the servient one) for the benefit of another (the dominant one), governed by articles 1027 and following of the Italian Civil Code, and it survives changes of ownership because it attaches to the property, not the person. The property manager does not create or extinguish it, but must understand it to manage the affected common areas correctly, avoid works that would violate it, and keep organized records available to the assembly and to new owners.
What easements are and how they arise in a condominium
A predial easement, article 1027 of the Civil Code, consists of a burden imposed on one property for the benefit of another property belonging to a different owner. In a condominium it typically appears as a right of way over a shared courtyard or path for the benefit of a unit that has no other access, as a right of view when an opening overlooks a portion of another owner's exclusive property, or as a right of use benefiting one specific apartment over a space that remains common for the rest of the building.
It can arise from a contract between the interested owners, from adverse possession when the right has been exercised continuously and visibly for the period set by law, or from prior common ownership when two units originally belonged to the same owner who had already arranged the state of the premises before they were separated. It is distinct from the common right over shared parts under article 1117: an easement burdens a specific portion for the benefit of a specific property, not the whole building for the benefit of all owners.
- Right of way: crossing a common area to reach a unit with no other access
- Right of view: the right to overlook, also governed by the distance rules of articles 900 and following
- Right of use: limited enjoyment of a space for the benefit of a single unit
Creation and registration in the land registry
A voluntary easement requires a written instrument, often a notarial deed, to be enforceable against third parties and to be registered in the land registry kept by the Revenue Agency. Registration is not a condition of validity between the original parties, but it is decisive because it makes the burden known and binding also on anyone who later buys one of the units involved: without registration, a new owner could in theory dispute its existence if unaware of it.
It is good practice for the property manager to keep copies of deeds constituting easements affecting common areas in the condominium's records, separate from the bylaws and assembly minutes, because they concern a relationship between properties rather than a rule of coexistence that can be changed by majority vote. When a sale involves a burdened or benefiting unit, flagging the easement in the handover documentation prevents disputes between the former and new owner.
Relationships between units and limits on works to common areas
When an easement burdens a common area, the assembly cannot approve works that would prevent its exercise: a project that closes off the passage a dominant unit relies on, for instance, is unlawful even if approved by majority, because the easement is a real right that prevails over ordinary management decisions. The situation differs for maintenance or changes that do not affect the exercise of the right: here the assembly remains fully competent under the ordinary majority rules.
Before submitting works on courtyards, passages or areas that might be burdened, the property manager should check for registered or otherwise known easements to avoid proposing resolutions that could later be challenged. Disputes between owners over the existence or scope of an easement fall outside the assembly's competence and are a matter for judicial determination, unless the parties reach an amicable agreement formalized in writing.
The property manager's practical role and record keeping
The property manager has no power to create, modify or extinguish easements, which remain a matter between the individual owners of the properties involved, but plays a role in keeping information organized: maintaining an updated file of known deeds, informing the assembly when works on common areas may interfere with an existing right of way or view, and flagging to new owners at first contact the easements affecting their unit or neighbouring ones.
Keeping this information organized alongside minutes, bylaws and technical building records reduces the risk of disputes and makes handovers between property managers easier. Management software such as AmministraPro allows deeds relating to easements and real burdens to be filed in a structured way alongside the condominium's ordinary records, so they remain accessible to the assembly and easy to find during sales or management transitions.
Frequently asked questions
Can the condominium assembly create an easement by majority vote?
No. An easement is a real right that arises from an agreement between the owners of the properties involved, through contract, adverse possession or prior common ownership, not from an assembly resolution. The assembly manages common areas under condominium rules, but it cannot impose or extinguish a real burden on someone else's property: that requires an instrument between the interested parties, typically with a notary if registration is sought.
What happens if the easement is not registered in the land registry?
Between the original parties who created it, the easement remains valid even without registration. The issue arises with third parties: if one of the units involved is sold, the new owner might be unaware of the burden if it is not registered and could in theory dispute its existence. Registration in the Revenue Agency's records makes the easement enforceable against anyone who later acquires the property, which is why formalizing it with a registered notarial deed is always advisable.
Does a right of way prevent the assembly from modifying the shared courtyard?
It only prevents works that would make exercising the right of way impossible or more burdensome, for example closing the only opening used by the dominant unit. Maintenance, refurbishment or improvement works that do not affect the path of the easement remain fully within the assembly's competence, under the ordinary majority rules applying to common areas.
Who pays for maintenance of a passage burdened by an easement?
If the passage is also a shared common area, ordinary maintenance costs follow the ownership shares under the general condominium rules. The holder of the easement, if different from the other owners, may be required to contribute to the costs necessary for using and maintaining the structure according to the constituting deed or, absent that, the general rules on easements, which place the cost of works necessary to exercise the right on the owner of the dominant property.
Should the property manager inform new owners about existing easements?
There is no specific legal duty on the property manager to do so, but it is good management practice to flag known easements affecting the purchased unit or neighbouring ones, to prevent disputes between seller and buyer. Keeping an organized record of deeds relating to easements and real burdens, for instance with condominium management software such as AmministraPro, makes this information easy to retrieve during sales or management transitions.
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