Co-ownership: the construction on common land by only one of the co-owners

Co-ownership: the construction on common land by only one of the co-owners becomes, by virtue of the principle of accession pursuant to Art. 934 of the Italian Civil Code, common property unless otherwise agreed and in the absence of which the co-owners may not exercise ius tollendi.

The construction carried out by the co-owner on the common land becomes by accession, pursuant to Art. 934 of the Italian Civil Code, the common property of the co-owners unless otherwise agreed; such agreement must be proven in writing ad substantiam.

The consent to the construction manifested by the co-owner precludes him or her from exercising ius tollendi.

If that latter right cannot be exercised, the co-owners are required to reimburse to the constructor, in proportion to the respective shares, the costs incurred for the construction. (Civil Combined Sections, ruling no. 3873 dated 16 February 2018).