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The expropriation decree acquires full ownership of the property and excludes any legal or factual situation

  • 04/10/2021

The Court of Cassation with the decree n. 25825 on 23th September, 2021, stated that the notification of the expropriation decree to the person other than the owner who carries out activities on the asset corresponding to the exercise of the right of property, determines the loss of the animus possidendi. In fact, the expropriation order is suitable for acquiring full ownership of the property, excluding any factual or legal situation incompatible with it. Therefore, for the configurability of a new possession capable of determining the purchase by usucapione, it will be necessary an act of interversio possessionis.

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