The term “Usi Civici” can be understood as “civic uses.” It denotes a communal entitlement held by a local population for utilizing specific land for activities like pasturing livestock, gathering firewood, or farming crops.
Even though the land may be under private ownership, these communal privileges remain affixed to it and cannot be freely transferred or revoked.
The contemporary challenge
The civic uses were forgotten since the paper maps of the regional government archives have been digitalized in 2020, that revealed that numerous properties that had already been developed were subject to civic use constraints. This revelation has engendered risks of impeded property transactions, invalidated property titles, and legal contentions.
What precisely do civic uses entail?
In straightforward terms, civic uses constitute collective entitlements of a local community over designated lands. These entitlements encompass activities such as animal grazing, wood gathering, or crop cultivation. They are deemed inalienable and non-extinguishable, meaning that:
- the land cannot be transferred freely without addressing these constraints.
- the entitlement to utilize the land persists with the community irrespective of private possession.
Legislation and directives
Key statutes governing civic uses include:
- Law 1766/1927
- Legislative Decree 42/2004
- Sardinia Regional Law 12/1994
These regulations have their origins in the early 1900s when Sardinia’s economy primarily revolved around agriculture and pastoral activities. As time progressed, civic use designations were frequently overlooked, leading many municipalities to grant construction permits without recognizing that the land was still encumbered by these historical entitlements. The issue only came to light upon the digitization of regional maps.
Potential resolutions
Currently, there are three avenues through which civic use constraints can be addressed in Sardinia:
- Equalization: swapping the affected land for another parcel of commensurate value.
- Substitute acquisition: the municipality acquires another equivalent piece of land to substitute the one with civic entitlements.
- Administrative clearance: the Department of Agriculture of the Sardinia Region does not oppose a request to legitimize or sell the land.
A work in progress
As real estate agents, we are actively engaged in comprehending how to navigate the sale of these impacted properties. We are in continual dialogue with local authorities, notaries, and land assessors to furnish precise guidance and pragmatic resolutions for vendors and purchasers.
