You can also take over someone else’s immovable property with bad intentions, but with certain conditions.

For more than thirty years, this neighbor had allowed his visitors to park their cars on land that did not belong to him. However, he has not fulfilled a condition to become its owner. the explanation.

To take over someone else’s real estate by prescription, using it in full view for thirty years, you may be in bad faith but you must not pretend that you know the real owner. This comes from a decision of the Court of Cassation which ruled against a man who claimed ownership of a neighboring plot of land.

For more than thirty years, this neighbor had allowed his visitors to park their cars on land that did not belong to him. So the conditions are to be met, he said, to be recognized as the owner, these conditions are to use this place in a peaceful, public, unobtrusive manner and as the owner. And only the owner can authorize someone to park his car, he stressed.

despite knowing full well that the land belonged to someone else

But the judges considered these conditions insufficient because this neighbor had twice offered to acquire this land. Therefore, the sole use of this plot of land and the fact that the neighbors believed that the owner was someone who was merely a usurer is not enough, he said.

You can become the owner in this way, even in bad faith, i.e. knowing full well that the land belongs to someone else, as claimed by this neighbor. But, the Court of Cassation concluded, we cannot claim ownership in this way when on two occasions, as this person did, we offered to acquire it. Because in this way we accepted the fact of not being the owner and knowing the identity of the latter.

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