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Act No. 346 on special usucapion of small rural estates.

Country/Territory
Italy
Document type
Legislation
Date
1976
Source
FAO, FAOLEX
Original source
Gazzetta Ufficiale della Repubblica Italiana No. 144, 3 June 1976.
Subject
Land & soil
Keyword
Agricultural land Prescription/adverse possession Land tenure Legal proceedings/administrative proceedings Smallholders/peasants
Geographical area
Alps, Europe, Europe and Central Asia, European Union Countries, Mediterranean, Southern Europe
Entry into force notes
The present Act has entered into force on 4 June 1976.
Abstract

This Act consists of 6 articles regulating the acquisition of small rural estates through usucapion. As provided for in article 2, the provisions contained in article 1159-bis of the Civil Code relating to usucapion shall apply to agricultural lands as well. Article 3 defines the procedure for obtaining the recognition of ownership rights. The occupant shall resort to the competent Judge submitting the documentation and evidence referred to in article 3, paragraph 1. The occupant's request must be published for a ninety days-period with a view to enabling the formal owner to submit his personal opposition. Thereafter the Judge shall decide through sentence, in case an opposition has been submitted, or through judicial decree. In case of reject of the occupant's request, the latter may present his claim and bring suit to the tribunal.

Full text
Italian
Website
www.filodiritto.com