For years we have seen laundry hanging from the facades of even historic buildings, where otherwise you would not know where to hang out because they have no balconies. How to react if the neighbor hangs the dripping laundry in the condominium and often wets the clothes of a neighbor or the chairs on the terrace of others?
Normal tolerability
The answer cannot come only from the civil code because the code provides only one useful rule in this regard. IS art. 844 which prohibits injections exceeding normal tolerability. The editorial staff of ProiezionidiBorsa has already had the opportunity to illustrate that intolerable emissions of fumes, odors, but also the urine of animals left on the balcony can be.
It cannot be ruled out that even the dripping of the laundry, if repeated and abundant, may represent a fact that exceeds normal tolerability.
Before addressing a lawsuit with a neighbor, however, it is advisable to check whether there may be other elements with which to stem his behavior.
If the neighbor hangs up the dripping laundry in the condominium
There may be municipal regulations that prohibit hanging laundry on the facade to protect the decor of the historic center. The municipal regulations can be found on the website of the municipality itself. The less technological can ask the URP (Public Relations Office) for information, which often answers the citizens’ first questions.
After having read the municipal regulation, the violation can be reported to the Municipal Police who will intervene to fine the rude neighbor.
Another possible limit to misbehavior can come from regulation of condominium. Those who have recently lived in that building can contact the administrator to find out if there is a condominium regulation. It is always good to have a copy delivered in order to consult it in the most varied cases.
The condominium regulations are not all the same. The strongest and most binding one is the so-called “contract regulation”. The regulation established at the birth of the condominium is thus defined, often by the builder himself.
It is so called because it is attached directly to the property purchase contracts. All condominiums have, therefore, signed it at the same time as the purchase of their apartment.
In jurisprudence we point out a particularly severe sentence of the Court of Cassation, no. 7576 of 2007. The Court considers that the dripping of clothes on the neighbor’s property can only occur if provided for by an express right of easement. It is an authentic real right that must be transcribed to exist. Therefore, the issue of the dripping of the laundry is quite another thing than a simple relationship of courtesy between neighbors.
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