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General · Funchal · 10 August 2026

Whose Cliffs Are They Anyway? The Question of Ownership Arises

Following a rockfall in Calheta, the question of cliff ownership has emerged, with legal implications.

Whose Cliffs Are They Anyway? The Question of Ownership Arises

A rockfall incident on Avenida D. Manuel I in Calheta, which hit vehicles and led to the road's closure, has raised the fundamental question of cliff ownership.

While the common answer suggests that cliffs without a property registry or known owner belong to the State, the law presents nuances. The Civil Code, specifically Article 1345.º, states that properties with no known owner are considered State property, but the absence of registration does not, in itself, prove the non-existence of an owner.

Ownership can stem from old deeds, unregularized inheritances, or adverse possession. Additionally, the public maritime domain may encompass coastal cliffs, with a 50-meter strip measured from the cliff crest, although exceptions exist for private parcels demonstrably predating specific dates (1864 or 1868 for steep cliffs).

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