Six individuals are facing legal proceedings in Como, Italy, over what amounts to a decades-long hobby: tending to small, unauthorized gardens – known locally as “orti abusivi” – on publicly owned land. The case, which began with a police inspection in October 2020, highlights a common tension between local traditions and municipal regulations, and raises questions about the rights of long-term, informal land use. The charges range from trespassing to, in one instance, illegally tapping into the municipal water supply.
The defendants maintain that the gardens and accompanying structures – sheds for tools, and even a small dwelling with cooking facilities in one case – have existed for years, if not decades, without objection from the Comune di Como (the municipality of Como). They argue they simply utilized existing features, cultivating fruits and vegetables as a pastime. This defense centers on the idea that any prior wrongdoing was committed by others, and that they are being unfairly held accountable for a situation that predates their involvement.
The dispute centers on a parcel of land located on Via Di Vittorio in Rebbio, a neighborhood within Como. While the Comune asserts ownership and a requirement for the land to remain clear, the defendants and their legal team contend that the long-standing presence of the gardens and structures suggests a tacit acceptance, or at least a lack of enforcement, over many years. The case underscores the complexities of managing public spaces and balancing the needs of the community with formal legal frameworks.
A History of Informal Cultivation
The initial hearing took place this week, with testimony from the local police officers who conducted the site inspection in 2020. According to court documents, the police discovered not only the vegetable gardens and a small rabbit hutch, but also several small buildings – one measuring five by eight meters – equipped with basic amenities like a cooking area. The officers also noted an unauthorized connection to the municipal water system. The presiding judge, Valeria Costi, has scheduled a continuation of the trial for November, at which time the defendants will have the opportunity to present their side of the story.
The prosecution alleges an “arbitrary and unauthorized” invasion of municipal property. However, the defense, led by attorneys Simone Bosisio, Giovanna Marro, Marcello Iantorno, Christian Mazzeo, and Duccio Campisani, is building its case around the claim that the structures were already in place long before their clients began using them. They argue that the alleged abuse, if any, occurred previously and that their clients were simply continuing a pre-existing practice. This argument hinges on establishing a historical precedent of tolerance for the gardens by the Comune.
The defendants include Antonino Spante, 56, of Cadorago, who faces the additional charge of water theft; Salvatore Ranni, 78, of Como; Noomane Ammar, 56, a Tunisian national residing in Como; Yuksel Artan, 56, a Turkish national also living in Como; Seyit Soylu, 3, a Turkish national residing in Como; and Giacomo Boscarello, 77, of Como. The varying ages and nationalities of the defendants suggest a diverse group drawn to the land for different reasons, united by a shared interest in gardening.
The Comune’s Claim and the Defense’s Response
The Comune di Como maintains that the land on Via Di Vittorio is designated for other purposes and that the presence of the gardens and structures constitutes an illegal occupation. Local regulations regarding the use of public land are outlined on the Comune’s official website, though specific details regarding enforcement history on Via Di Vittorio are not readily available. Comune di Como official website
The defense team is attempting to demonstrate that the Comune was aware of the gardens for years and took no action to remove them. They are gathering evidence, including potentially historical photographs and witness testimonies, to support their claim of long-term, unchallenged use. The success of this strategy will likely depend on establishing a clear timeline and demonstrating that the Comune’s inaction constituted a form of implied consent. The legal concept of “usucapione” – a form of adverse possession – may also be relevant, though its applicability will depend on the specific details of the case and Italian law.
The case has sparked local debate about the value of community gardens and the importance of providing accessible green spaces for residents. Some argue that the gardens contribute to the neighborhood’s character and provide a valuable source of fresh produce, while others emphasize the need to uphold property rights and enforce municipal regulations. The outcome of the trial could set a precedent for similar cases in the region and influence future policies regarding the use of public land for gardening and other informal activities.
The situation isn’t unique to Como. Across Italy, and indeed globally, similar disputes arise when informal land use clashes with formal ownership, and regulations. These cases often involve questions of social equity, access to resources, and the balance between individual rights and the collective good. The “orti abusivi” case in Como serves as a microcosm of these broader challenges.
The next hearing in November will be crucial as the defendants present their defense and the court weighs the evidence. The Comune will likely present its case for reclaiming the land, emphasizing the importance of upholding its property rights and enforcing its regulations. The judge’s decision will have significant implications for the future of the gardens and the individuals who have cultivated them for years.
This case highlights the need for clear communication and proactive engagement between local authorities and residents regarding the use of public spaces. A more collaborative approach could potentially prevent similar disputes from arising in the future and foster a greater sense of community ownership and responsibility. Readers interested in following the case can contact the Tribunale di Como (Court of Como) for updates on the proceedings.
