Acórdão nº 9050572 de Court of Appeal of Porto (Portugal), 02 de Abril de 1991
| Magistrado Responsável | ALMEIDA E SILVA |
| Data da Resolução | 02 de Abril de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART334 ART1305 ART1547 N2 ART1550. CPC67 ART684 N4 ART1052 ART1053 ART1054.
Sumário: I - Tendo o prédio dos autores apenas acesso a um caminho público situado a Poente daquele através de um tracto de terreno com menos de um metro de largura e cerca de 150 metros de comprimento, que o atravessa, e carecendo de acesso por carro para esse prédio, configura-se a situação de encrave relativo prevista no n. 2 do artigo 1550 do Código Civil. II - Necessitando os autores de um acesso por carro da via pública a casa de habitação edificada junto à extrema Nascente do seu prédio - que confina por aí com caminho dos réus -, e podendo obtê-lo através deste caminho ou através do alargamento para três metros do tracto de terreno por onde fazem o acesso a pé, deve reputar-se que esta segunda solução implicaria...
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