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Posts tagged #usufruct

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Right of Way: Municipal Merger Does Not Affect Adverse Possession

Civil Law 

The case heard by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) concerned adverse possession of a footpath that provides access to a wayside shrine. The shrine is situated on property owned by the defendant, and the path runs fro...

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OGH on Walls and Easements

Civil Law 

Any co-owner can defend themself against unlawful interference with their property by filing a lawsuit for freedom of property ownership. The prerequisite for this is that the interfering party is acting on their own authority. Since 2016, the plaint...

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