The present thesis aims to conduct a comprehensive analysis of the servitude of light and views (right of lights), in order to conceptualise possible resolutions for the practical issues it raises. We commence with a historical review of legal structures and institutions and seek to define the term servitude separated from figures such as neighbourly relations. We study its classification, and draw on existing knowledge, which is necessary to address conflicting assumptions of servitude as voluntary, urban, praedial, continuous, that can be positive or negative. Party walls play an important role in determining the positive or negative nature of servitude. A distinction is made between limit (boundary) and limitation because the distances included on the Spanish Civil Code are limited by property rights, whilst servitude is a limitation of property. We must distinguish the different hollows depending on where they are located to apply different solutions; on jointly owned party wall or owned wall which is faced with the possibility of being closed. Therefore, this is followed closely by a study of legal minimum distances, limitations on the right to property and the computation of these distances, which can generate important practical problems. At the mercy of the abundant casuistry, various constructive elements have been differentiated to know which overhangings or corbels can be clearly identified. Consequently, permitted assumptions of non-compliance within a regime of legal distances, and problems with reverse accession, relations between the regime of legal distances and planning regulations are studied. Once the servitude is separated from the related figures, the vital cycle of the servitude of lights and views is analysed. From inception, incorporating both forms of constitution is necessary since the parties involved represent two perspectives: the servient and dominant estate; content of the scope and determining the evidence. We discuss the servitude of light and views in regional law of Catalonia, Aragon and Navarra and in comparative law: Italian, French and German. Special attention is given to the solutions adopted in the Italian legal system and the difficulties they can produce. Successively, we have studied the modification, aggravation, cases of building reconstruction, the prohibition of communication, the registration aspect of servitude and lastly its extinction. Finally, the procedural tutelage is analysed including possessory actions, negatory and confessional actions, and probation.
2016-01-28
