Not all property owners are required to clear brush
In order to prevent fires—or at least to limit their spread—the Forest Code requires certain landowners to clear brush, obligating them to control the vegetation on their property by pruning or removing it.
In a case involving this matter, the Court of Cassation notes, however, that this obligation applies only to property owners whose land is located in an urban area.
In this case, a brush fire had broken out on an undeveloped lot owned by a real estate investment company (SCI) and then spread to the neighboring property, resulting in the destruction of the residential house located there. Based on the obligation to clear brush, the judges had held the SCI liable. This decision was overturned by the Court of Cassation, with the senior justices criticizing the judges for failing to determine whether the land where the fire originated was indeed located in a non-urban area.
