4 ms·
Isn't there any law saying that "if no one claims it for N years, the state takes it" / "if someone else uses a place for N years and no one else claims it, tha
by jakub_g 5y ago
Isn't there any law saying that "if no one claims it for N years, the state takes it" / "if someone else uses a place for N years and no one else claims it, that person can claim it?" [1]
[1] https://en.wikipedia.org/wiki/Usucaption https://en.wikipedia.org/wiki/Usucaption
- thefounder 5y agoIt would be a bit nasty to make a such law considering that the "state"(usually the communist state) stole the property and the rightful owners were persecuted.
- rini17 5y agoThere is a way - if you can prove you used the land for decades as if you owned it and noone turns up to challenge it, you can obtain ownership. But this too was already fraudulently abused. Generally, a poor rule of law complicates everything. (just as aside, communist land "reforms" are most visible but there were others, based on nationality - taken from Jews, Hungarians, Germans)
- HerrMonnezza 5y agoI had the same thought. Reading the Wikipedia page for the respective Italian law [1], it seems to me (but IANAL) that it would only apply to ownership of material things, not apply to monetary claims. However, Italy also abolished all noble titles with the fall of the monarchy in 1946 -- I would have also expected that fiefs and any associated claims had been extinguished at the same time... [1]: https://it.wikipedia.org/wiki/Usucapione https://it.wikipedia.org/wiki/Usucapione
- SmellTheGlove 5y agoUnsure about Italy, but common law has the doctrine of laches, which many US jurisdictions recognize. It effectively says, "Sure, you have a claim, but you sat on it too long so tough luck."