13 Settembre 2024

Legal English – Peter’s Pills – Lesson 78 – Adverse possession

Adverse possession

Transcript:

Hello!

Today we look at adverse possession (usucapione).

Adverse possession, sometimes colloquially described as “squatter’s rights” (diritti dell’abusivo), is a legal doctrine (Peter’s Pills 23 – principio di legge) in the UK that allows someone to claim ownership (rivendicare la proprietà) of land if they occupy it for a specific period without the permission of the legal owner. The principle is based on the idea that land should be used productively and not left unused (lasciata inutilizzata).

To successfully claim land through adverse possession in the UK, the following conditions must be met:

Possession: The person must physically occupy the land, such as living on it or using it in a way that indicates ownership – e.g.(ad esempio), fencing it off (recintandolo) or making improvements;

Without Permission: The occupation must be without the consent of the legal owner. Any form of permission, such as a lease (contratto di locazione) or agreement, invalidates the claim;

Exclusive Control: The person must act (comportarsi) as if they are the sole owner (proprietario unico) of the land, excluding others from using it;

Continuous Possession: The occupier must possess the land for 10 years of continuous occupation for registered land, or 12 years for unregistered land.

Application for registration: After the period of continuous possession, the person in possession can apply to the Land Registry (Catasto) to become the registered owner. The current owner is notified (viene informato) and given the opportunity to object (opporsi). If no valid objection is made or the legal owner does not take action, the person in possession will be granted (concesso) the title to the land. This process ensures (garantisce) that landowners (proprietari terrieri) are made aware (siano informati) of potential claims and have a chance to reclaim (riappropriarsi) their property.

Thank you very much, and see you next time for more Peter’s Pills to improve your legal English.

See more about adverse possession in this comparative study for how the process works in the following common law and civil law jurisdictions; Hungary, Poland, Germany, Netherlands, Spain, Sweden, France, Australia, New Zealand, United States, UK and Canada: “Adverse Possession” (.PDF).

L’articolo Legal English – Peter’s Pills – Lesson 78 – Adverse possession sembra essere il primo su Federnotizie.

Read More 

Potrebbero interessarti

For International

Customers

  Providing best solutions in a framework of a legal certainty.   dr. Gaetano d’Abramo has been working in the corporate and real estate field since 1990. For any request you can write direct... Read more