Greater Choices for the Perfect Local Services for the Real Estates

In the event that, in a condominium building, some common systems like 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, also the exclusive owner 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 the appearance, susceptible of constitution for the destination of the father of the family, pursuant to art. 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.A visit to makes things perfect in this case now.

Felt in fact

A warehouse and storage room located on the underground floor of a condominium building located in, with annexed square and access ramp equipped with a gate at number 49 of the same street, also accessible from the two stairwells of the same building, the condominium sued before the Court of North Atlanta GA to hear the non-existence of the right of the condominium community to access the premises of its property, where the thermal power plant, the autoclave and the sewage lifting system were located, also from the square, through the access ramp.

The condominium was established, resisting and by way of counterclaim asking that the existence of driveway easements be declared from the gate, with S.’s sentence for damages.

  • The Court of North Atlanta GA rejected the S.’s request and, in acceptance of the counterclaim, declared the existence, in favor of the Condominium, of the driveway easement through the access ramp, condemning the S. to compensation for the damage.
  • The Court of North Atlanta GA, with a sentence made public by filing with the registry on 29 August 2005, in partial reform of the first instance ruling, rejected the claim for damages proposed by the Condominium, confirming the rest of the contested judgment.
  • As far as is still noted here, the District Court stated that the easement of passage was established for the destination of the father of the family since the access ramp is a visible and permanent work destined permanently for the exercise of driveway access to the premises owned Dello S., where the condominium plants are located the thermal power plant, the autoclave and the sewage lifting system.

Also from the reading of the deed of sale – the Court of Appeal underlined it appears that the seller B. warned the buyer that these condominium properties were located in the premises he purchased and that the premises with its square and access ramp were transferred with nascent passive easements to the father of the family following the fractional sale of the building.

The Court of North Atlanta GA, therefore, emphasized the behavior of the parties following the signing of the deed of sale, resulting that the S., despite having purchased the warehouse deposit, continued for at least ten years to allow the vehicles of the company that had the management of the plants the possibility of reaching them with their own means, using the only possibility of entry constituted by the access ramp and that the condominium has always made peaceful use of this passage, through the company in charge.