Protection of Immovables in European Legal Systems

Comparative analysis of vindicatio, possessory remedies and trespass across sixteen European jurisdictions based on twelve straightforward factual cases.

Sonia Martin Santisteban (Edited by), Peter Sparkes (Edited by)

9781107121928, Cambridge University Press

Hardback, published 11 September 2015

536 pages
23.6 x 16 x 3.7 cm, 0.92 kg

How should a landowner respond when a squatter occupies their land? This book discusses the issues focussing on vindicatio, possessory remedies and trespass, but also explores administrative procedures for their removal. In many cases, these actions derive from Roman laws, which are expertly explored in an introductory chapter. Also included is a chapter exploring human rights interventions in such actions. Twelve case studies offer an extensive and comparative analysis across sixteen European jurisdictions. The basic defendants covered are squatters taking over a home, environmental protesters, licensees and former tenants. The case studies include, amongst others, self-help; restitution; competing claims to ownership (and the relevance of registration systems to claims to ownership); adverse possession; neighbours; nuisance and encroachment.

Part I. Introduction and Content: 1. A common core to the protection of immovable? Peter Sparkes and Sonia Martín Santisteban
2. Actions in Roman and civil law for the protection of immovables Frits Brandsma
3. Fundamental rights in actions to protect immovables Sandra Passinhas
Part II. The Case Studies.

Subject Areas: Property law [LNS], Private / Civil law: general works [LNB], Comparative law [LAM], Law [L], EU & European institutions [JPSN2]