Legal Definitions - altius tollendi

Altius tollendi is a legal concept from Roman and civil law that describes a servitude. It grants a landowner the right to build a structure on their property to any desired height, without being restricted by neighboring properties.

Altius tollendi is a legal concept originating in Roman and civil law that describes a specific type of property right, known as a servitude. This servitude grants a landowner the right to construct a building on their property to any height they desire, without being legally constrained by the potential impact on an adjacent property owner's access to light, air, or view. Essentially, it is a right to build upwards without height restrictions imposed by neighboring properties that might otherwise claim a right to an unobstructed view or sunlight.

• Example 1: Urban Redevelopment

  Imagine a developer in a city governed by civil law principles who owns a plot of land where an old, low-rise building stands. The developer plans to demolish it and construct a modern, multi-story residential tower. A neighboring property owner, whose building has enjoyed ample sunlight and an open view for decades, objects, arguing that the new tower will cast long shadows and block their scenic outlook. However, if the developer's property is subject to an altius tollendi servitude, they would legally be permitted to proceed with the construction to the desired height, as this servitude explicitly grants them the right to build upwards without such limitations imposed by the neighbor's claims to light or view.

• Example 2: Historical Property Rights

  Consider two adjacent historical properties, Property X and Property Y, in a region where ancient civil law servitudes are still recognized. Property X has historically held the servitude of altius tollendi over Property Y. The owner of Property X decides to add several new floors to their existing structure to create more living space. The owner of Property Y cannot legally prevent this expansion on the grounds that it will obstruct their property's exposure to natural light or diminish their view, because the altius tollendi servitude explicitly allows Property X to build as high as desired, overriding such objections.

• Example 3: Commercial Expansion

  A business owner in a commercial district, operating under a legal system that acknowledges altius tollendi, owns a two-story office building. To accommodate business growth, they decide to add three more stories to their building. A restaurant owner on an adjacent property expresses concern that the increased height will significantly reduce the visibility of their rooftop dining area from the street and block the evening sun for their patrons. Despite these concerns, if the business owner's property benefits from an altius tollendi servitude, they possess the legal right to proceed with the vertical expansion, as this right allows them to build higher without being restricted by the neighbor's desire for continued visibility or sunlight.