Questione giuridica chiave
Whether the respondents could demand removal of the five anchor rods under Art. 641(2) CC
Decisione estratta
Yes. The anchors were an unjustified direct interference with the respondents’ ownership and had to be removed.
Motivazione estratta
No duty to tolerate the intrusion was shown. A public-law authorization for the building did not authorize the encroachment into the neighbors’ parcel, and no private-law consent or easement was proved.