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Right to pass and prescription.

  • 06/04/2021

The Court of Brescia, with decision 22 January 2021, n. 156, reaffirmed what the Court of legitimacy had already affirmed in terms of easement: easement is, by its nature, a discontinuous easement, in relation to which every episode of transit constitutes an exercise of the right; it follows that if the easement has been established by virtue of a suitable title, for the purposes of the prescription, neither the lack of the appearance requirement - necessary for the establishment of the easement by usucapion or for the purpose of the good family man - nor the sporadic character of the exercise.

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