Quando su un terreno si ha un uso Civico?

edited by Dr. Giuseppe Marrone

There is in the Region the Office of Civic Uses. Therefore, the first thing to do is to request a certificate from the Region – Ufficio Usi civici, where it is attested whether an asset is burdened by civic use or is an “allodial” asset.

The term “allodio” (word of Germanic origin meaning “full possession”) was used to indicate a land of full and free private property, not subject to charges; in antithesis to the term “fief” (or feudal benefit), which was to indicate the land owned by the vassal on the concession of a lord, with the burden of performance of real or personal character (loyalty, vassalage, obligation to offer their weapons in defense of the lord).

On the allodial land there were no civic uses (in species of pasture).

The subject of “civic uses” is currently regulated by Law 16/06/1927 n.1766 (reorganization of civic uses in the Kingdom) and the related Executive Regulation (R.D. 26/02/1928 n.332), issued with the purpose of general settlement of civic uses, The European Parliament has been asked to give its opinion on this matter.

For this purpose, civic customs were divided into:

A) civic uses on private land;

B) civic uses on community land.

A. As regards civic uses on private landthese uses had to be liquidated in two ways: or with a spin-off liquidation (that is, from the land owned by a subject detached a portion that remained to the owner free from civic uses; while other portion was transferred to the Municipality, which was to compensate for the cessation of the right of civic use on the other remaining portion)or by setting up a compensatory fee for the benefit of the private owner and for the benefit of the Municipality (that is, in compensation for the cessation of the right of civic use by the community).

For these privately owned land subject to rent, there is no unbreakable obligation. The sale is possible and lawful, but the constraint of the canon remains, so that the land must be considered free from civic use only after the postage of the canon.

B. With regard to civic uses on the domain of the community, the law ordered that two categories should be distinguished:

a) land that can be used as forest or pasture. a) land that can be used as forest or pasture.

b) arable land. These lands were intended to be “quoted”, that is, divided into quotas to be assigned to families of direct farmers of the Municipality, as land lease, with the obligation of improvements and the payment of a fee; fee that could be paid. The land became private property only after the postage of the rent.

Having said that, we understand the importance of the administrative measure concerning “category assignment” (such as wood or pasture or agricultural land). This measure was once the responsibility of the Commissioner for Civic Uses and today of the Region.

Before the provision of assignment, the land must be considered as belonging to the community, that is, it must be considered as state-owned and therefore inalienable (under penalty of nullity) In short, the land must be considered unmarketable except that the Region does not give an administrative authorization for the alienation or to vary the destination; authorization that must be preventive, in default of which the act is radically null.