Legal Definitions - altius non tollendi

ALTIUS NON TOLLENDI

Altius non tollendi is a Latin term used in Roman and civil law to refer to a servitude that prohibits a landowner from constructing a building or structure above a certain height.

For instance, if a landowner has a property with a beautiful view, a neighboring landowner may have an altius non tollendi servitude that prevents the first landowner from building a structure that would obstruct the view. Another example is if a landowner has a property near an airport, there may be an altius non tollendi servitude that prohibits the landowner from building a structure that would interfere with the flight path of airplanes.

These examples illustrate how an altius non tollendi servitude can be used to protect the rights of neighboring landowners and ensure that everyone can enjoy their property without interference from others.