LEGISLATION ON DISTANCE - NOT APPLICABLE 'IN RELATION TO A PUBLIC HIGHWAY - CONDITIONS
[Court of Nola, Dr. Alfonso Scermino, Judgement of 17 June 2008] In
Judgement
>> ... exemption from complying with the distances provided for by law. 879, comma 2, cc for construction on the border with squares and thoroughfares, should be also referred to construction of roads on the border of private property encumbered by easements for public passage, doing the public nature of the road - relevant to the application of that provision - rather than the formal properties of concrete good use of it by the community ....
... even a private road could take on a connotation publications relevant art. 879 cit. where it had actually been enslaved for public use and such use had found purpose, if not in a convention between the owners of the road surface and the public body, in a prolongation of the fact that for the time required for adverse possession on
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