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The Acquisition of Immovables Through Long-Term Use

The Acquisition of Immovables Through Long-Term Use

Author: Björn Hoops; Ernst Marais
Publisher: Intersentia Publishers
ISBN: 9781839701658
Published In: January 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,888.60

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Description
Contents

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In this book, which is part of the Common Core of European Private Law series, reporters consider legal institutions that allow persons who have occupied the private or public land of others to acquire that land through mere long-term use.

Rules permitting such acquisition have existed since Roman times and are said to promote legal certainty as regards ownership of land. The reporters investigate how these rules work in their legal systems today and whether this justification still holds water, especially given that land is now registered in most countries. Registration seems to obviate the necessity for rules permitting acquisition of land through mere long-term use, as land registration systems create clarity as to who owns the land. The continued existence of these rules also comprises a human-rights dimension. Landowners enjoy constitutional property protection under many constitutions and other legal instruments, which draws the constitutional validity of rules on long-term use into question. Yet, the rights to housing and human dignity are also relevant, especially where such users have lived on the land for extended periods and regard it as their home or where they are vulnerable to landlessness. As such, these rights must be balanced against each other.

The reporters represent 20 jurisdictions from all over the word, including civil law, common law and mixed legal systems, and are from both the global north and the global south. A comparison between these legal systems and their experience with their rules on long-term use reveals a common core and guidelines against which these rules may be measured in other countries. As such, this book will be valuable to practitioners dealing with both private and public law, academic lawyers and government officials tasked with land use planning.

PART I. INTRODUCTORY MATTERS

A Comparative, Historical and Theoretical Introduction to the Law on Acquisitions of Immovables through Long-Term Use

PART II. CASE STUDIES

General Introductions

Case 1. Living on Another’s Land without Permission

Case 2. Unknown Owner

Case 3. Extending Boundaries of Residential Land onto Land Owned by a Municipality

Case 4. Impugned Transfer

Case 5. Boundary Disputes

Case 6. Creation of Limited Land Rights after the Occupation

Case 7. Unlawful Use by Tenants

Case 8. Sale without Registration