Today I return to talk to you to address a delicate subject, a subject that over the years has provoked countless disputes and even given rise to feuds with tragic outcomes: conflicts between neighbors due to disagreements regarding property rights and their boundaries.

We are constitutionally guaranteed the right to private property and it is civil law that establishes that this same right must be enjoyed fully and exclusively. However, with the greatest of reasons, it is also the law itself that imposes on us that our right to property has limits and restrictions, namely those arising from neighbourly relations.

The right to property is an absolute real right, but it is subject to limitations. The fact that one is the legitimate owner and possessor of a property does not impose on third parties, whether they are owners, usufructuaries or surface owners, the acceptance of all forms of enjoyment, use and enjoyment of the property. The rights that apply to neighboring buildings place limitations on my right to property, in order to guarantee the healthy coexistence and the harmonious exercise of all existing real rights. But what are these limitations?

Some of them are certainly familiar to you, such as emissions of smoke, soot, vapors, odors, heat or noise. It is worth remembering that these emissions must cause material damage to the use of the building and must not result from the normal use of the building from which they emanate. Vibrations, certain works, constructions, installations or the deposit of corrosive or dangerous substances also constitute limitations on the right to property.

Thus, and by way of example, the law does not permit the opening, through new construction or works, of doors, windows, balconies, stairs, terraces, or balconies facing the neighboring building, which do not respect the legal distance of at least 1.5 m or have an oblique angle of less than 45 degrees, except for other greater or lesser distances imposed by municipal urban plans, which may overlook the neighboring building, obstruct the access to light and air or the privacy of those who live there. Even with regard to the longevity of the existence of these windows without compliance with the legal requirements, it has been decided in a Court context that the easement of views cannot jeopardize the right to privacy of the neighboring building.

Equally prohibited is waterlogging, that is, the fall of water that does not occur naturally but is the result of human activity. Let us imagine two adjacent buildings facing each other, in which one of them has a gutter installed throughout the surrounding area, causing water to fall into a ditch in the neighbouring building. In this case, we are faced with a violation of limits and restrictions on property rights. While the construction or placement of any object in the air space of the neighbouring building is not permitted, on the other hand, water cannot be drained into the neighbouring building. Another situation that constitutes a situation that is prohibited for neighbouring buildings is the existence of buildings or trees that are in danger of collapsing or falling.

It is easy to see how situations are endless and how they can cause problems in neighborhood relations. If you have a problem like this and you don't know how to resolve it, I give you the usual advice: consult a professional such as a Solicitor.

Link: https://correiodominho.pt/cronicas/vizinhos-vizinhos-direitos-parte-as-restries-de-vizinhana/12785