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Comune responsibilities

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Geotherm
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Post by Vicino Fri Jan 24, 2014 5:05 pm

Does anybody know the actual legal responsibilities of one's commune regarding maintaining access roads to a property ? Having been granted permission to live in our property some 10/12 years ago (certificate di agibilita), our track (200mtrs long) is becoming 'challenging' to navigate (as I'm sure a lot are !).

But, I was under the impression that access HAD to be maintained to enable access to emergency services, fire, ambulance etc.

Is there any knowledge out there on this one ? Friends are suggesting that, having been given the ok to live in the house, the commune have to maintain this access ?

Not sure myself, but it would be nice to know ! We COULD do it ourselves but, aside of the costs (€10k +), what is to stop local caterpillar tractors trundling along it in the spring and ripping it up again ?

I'm very much thinking it is a problem for ME to resolve, but I would like to know for sure my position re the commune !

Thanks in advance,

V
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Post by Geotherm Fri Jan 24, 2014 5:30 pm

Similar problem here Vicino. The bridge over the river was damaged in the recent heavy rain, despite being totally rebuilt a few years ago. Red tape was put over it, to stop traffic, but soon removed and everyone happily went over it, despite the approx 1 mtr hole on one side.
Now it has the large " No Traffic " signs and a chain across. Still trying to find out when it will be repaired, as the alternate routes are in a bad state as well.
Think it is that the Commune have run out of money, so we wait.
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Post by Admin Fri Jan 24, 2014 5:50 pm

It depends on if it is a strada comunale in the sense that it is one on their plans that they have to maintain. You can have a strada that is used by several people (even if it is owned by one) but is not on the plans then they have no obligation to maintain it. Obviously your own drive or strada privata is your own problem. The comune themselves should be able to tell you this.

It is more complicated, like here, when there have been huge events that have blocked people's roads. Technically you can claim from the owner of the land as they should have a policy to cover damage caused to third parties by their land (slips, fire etc).
We have this cover and it costs very little - around €80 for 2 hectares.
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Post by Geotherm Fri Jan 24, 2014 6:05 pm

Ours is what you would call a commune one. They have usually maintained it to a minimal to fair level, but this time the road has more trenches in it than the Somme. Loves the brakes going on outside the house, as they realise they are going to hit a 6 inch ditch across the road and then get to the bridge, find it closed and then come back up the road again.
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Post by Perlasca Fri Jan 24, 2014 7:04 pm

Stories abound.  We gave up and repaired the road leading to our house.  The comune contributed some concrete  Surprised .  The local stronzo decided to make it a big deal and we are no longer speaking (no loss there).  Even if we had persuaded the cash-strapped Comune to do it themselves, they would have done a half-arsed job which would have meant the problem would have been as bad again in a few years/weeks
I did hear of local Brits who did all the work then presented the Comune with the bill.  Not popular and no longer in residence!
My view is that whilst the Comunes DO have this obligation, the damage to blood pressure is more costly than the DIY route.  This of course depends on your own financial situation

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Post by Gala Placidia Sat Jan 25, 2014 7:35 am

I agree with the advice given by Admin and also Perlasca's comment. Go to the Comune and check about the current status of the access road and who is responsible for it. If it is a private road shared with other owners, you will have to talk to them. Otherwise, you will have to do it yourself... And yes, most Councils have little or no money available, so this is also a problem.
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Post by modicasa Sat Feb 01, 2014 6:08 am

It all depends if its a communal road, poderal or interpoderal and who owns it.  You can see on the catastal map who is the owner.  
Assuming it is the commune, yes - they have an 'obligation' to maintain it.  HOwever, they have no money, so alot depends on whether it is your prima casa - if it is it gives you a bit more leverage.  If not, then take photos, claim against the comune for damage to vehicles - they are legally obliged to pay out.  If you dont make a squeak it will never be maintained until the mayor's sister buys a house there when it will be suddenly asphalted and street lit by pure coincidence.

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Post by Gala Placidia Sat Feb 01, 2014 7:32 am

I agree Modi  Very Happy
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