Legal Definitions - altius non tollendi

Altius non tollendi refers to a legal restriction placed on a property owner, preventing them from constructing buildings or structures above a specified height. This type of limitation is often established as a "servitude," meaning it's a right or interest that benefits one property (the dominant property) by imposing a specific constraint on an adjacent property (the servient property). The primary purpose of such a restriction is typically to preserve views, ensure access to natural light, or maintain air circulation for the dominant property.

Here are some examples of how altius non tollendi might apply:

• Preserving a Scenic View: Imagine a luxury residential complex built on a hillside, with each unit designed to offer panoramic views of a valley below. To protect these valuable views for the upper-level units, a developer might impose an altius non tollendiservitude on the lower-level properties. This legal agreement would prevent the owners of the lower properties from adding any structures, such as additional floors or tall antennas, that would obstruct the sightlines from the units higher up the hill.

  This illustrates altius non tollendi because it establishes a clear height limit on certain properties specifically to safeguard the visual amenity (the view) of neighboring properties.

• Ensuring Access to Natural Light: Consider a dense urban neighborhood where a historic residential building, known for its large south-facing windows, relies heavily on natural light. If an adjacent vacant lot is purchased by a developer planning a new high-rise, the city's zoning regulations or a negotiated agreement might include an altius non tollendi clause. This clause would dictate that the new building's northern facade cannot exceed a certain height, thereby preventing it from casting a permanent shadow over the historic residence and ensuring its continued access to sunlight.

  This demonstrates altius non tollendi by imposing a height restriction on a new construction to protect the existing property's access to a vital natural resource: sunlight.

• Maintaining Neighborhood Character: In a quaint coastal town, local ordinances might establish an altius non tollendi rule for all new constructions within a specific historic district. For instance, no building might be permitted to exceed two stories or a maximum height of 30 feet. This restriction helps to preserve the town's unique architectural character, prevent new developments from overshadowing existing structures, and maintain a consistent visual aesthetic that is part of the community's charm and appeal.

  This example shows altius non tollendi being used on a broader scale, applying a height limitation across an entire zone to maintain a specific community aesthetic and prevent disproportionate development.