We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Servitus Altius Non Tollendi: A Legal Overview
Definition & Meaning
The term "servitus altius non tollendi" refers to a legal right that allows a property owner to prevent their neighbor from constructing a building that exceeds a certain height. This concept is rooted in Roman law and is designed to protect the interests of property owners by maintaining the character and enjoyment of their property. Essentially, it establishes a servitude that limits the height of structures on adjacent properties, ensuring that one property does not overshadow another.
Table of content
Legal Use & context
This term is primarily used in property law, particularly in cases involving land use and zoning regulations. It is relevant in civil law contexts where property disputes arise, especially in urban areas where buildings are closely situated. Understanding this concept can help property owners navigate disputes regarding building heights and neighborhood aesthetics. Users can benefit from legal templates available through US Legal Forms to draft agreements or notices related to this servitude.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner in a suburban neighborhood has a two-story house and wishes to prevent a neighbor from building a three-story structure that would block sunlight and views. The homeowner can invoke the principle of servitus altius non tollendi to legally challenge the construction.
Example 2: In an urban setting, a condominium association may impose height restrictions on new developments to maintain the skyline and aesthetic of the neighborhood. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Height restrictions may be governed by local zoning laws.
New York
Specific regulations may apply in densely populated areas.
Texas
Property rights are strongly protected, but local ordinances may vary.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Servitude
A legal right to use another's property for a specific purpose.
Servitus altius non tollendi is a specific type of servitude focused on height restrictions.
Restrictive covenant
A clause in a deed that limits how a property can be used.
Restrictive covenants may cover a broader range of restrictions beyond height.
Common misunderstandings
What to do if this term applies to you
If you believe that servitus altius non tollendi applies to your property, consider the following steps:
Review your property documents to confirm any existing height restrictions.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that can help you draft necessary agreements or notices.
If a neighbor is planning construction that may violate your rights, consider discussing the issue with them directly before taking legal action.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.