Hot Cheetos Damages Brain

adverse possession, back country


ITALIAN REPUBLIC ON BEHALF OF THE ITALIAN PEOPLE
sentence no 305/2010
the Court of Brindisi
sub-office of Francavilla Fontana

in single judge, appointed in the person of Judge, dr. Giuseppe Marseglia,
in the civil case of first instance entered in the RGC No 362/08

seen the pleadings and heard the oral discussion art. 28l-e Code of Civil Procedure at the hearing on 16.12.2010,
preliminary ruling by reading device and concise statement of the factual and legal reasons for the decision.
FACTUAL AND LEGAL GROUNDS OF THE DECISION
By summons duly served, Tom agreed to trial all of today's defendants, acting as co-owners by inheritance from the common ancestor Caio (who died on 23.12.1988, first try to see the state of family originally paid acts), the country estate located in the countryside of Erchie, C.da "Whites", the census in NCT sheet 26, p.l1a 72 and 44 and are extended to centiare 26, € 6.86 RA, RA € 15.49, stating that he esercitato sin dal 1972, in modo pacifico, pubblico, continuativo e senza opposizione alcuna il possesso completo del fondo in questione nel disinteresse dei convenuti e dei 1oro danti causa, e chiedendo, di conseguenza, che fosse riconosciuto e dichiarato in suo favore l’acquisto del diritto di proprietà del cespite per
intervenuta usucapione, con vittoria di spese in caso di opposizione.
Dichiarata la contumacia di tutti i convenuti, la causa veniva istruita mediante produzioni documentali e prove testimoniali, all’esito delle quali 1a domanda può ritenersi fondata e, dunque, meritevole di accoglimento.
Com’è noto, requisito legalmente richiesto ai fini dell'usucapione ordinaria su beni immobili è twenty years since its possession, possession must further cover the requirements of continuity, not disruption, of the Pacific and advertising (Articles 1158-1163-1167 cc). For the purpose of establishing the right then usucapito (eg ownership, usufruct, etc..) Should refer to the type of activities carried out factually about the good, in order to assess the image of law as such activity is to be exercised.
That said, the findings show that procedural 1'attore owned dominus used for over twenty years, the entire asset issue in this case, pressure exerted on it solely, continuous, uninterrupted, peaceful, public and unequivocal first his lordship of fact.
In fact, the texts called in the hearing on 17.9.2009 and whose reliability there is no reason to doubt, have confirmed that the fund is only formally registered to Caio for a probable error at the Land Registry, but it was always owned by 'actor, who in turn had received it 70 years from his father and has always done well to cultivate feeling The compensation for the olive production.
These results of the investigation, together with the absence of objections from the defendants in fact were all defaulters, allow judges to consider this first subsisting, in this case, the question of adverse possession not of any other right limited real, but rather, the right of ownership of that property, taking into account that, as the Supreme Court has repeatedly stated, in the absence of other evidence must be considered that the actual power is exercised in this case
more effective, ie with the image of the property.
Nor, moreover, these elements have emerged to suggest that the plaintiff has acquired and / or maintain possession by force or illegally, having indeed the texts stated that everyone in the family (including the late Dick) were convinced that it was of his property.
From the arguments so far shown that today's declaration follows the actor became full owner, by way of adverse possession, the country estate located in the countryside of Erchie, C.da "Whites", the census in NCT sheet 26, P.lla 72 and 44 are extended to 26 and a hundred, RA € 6.86, € l5 RA , 49, having owned dominus used for over twenty years.
Nothing should instead be placed on the transcript of the above in the land register, as these tasks are configured as mere burden on the interested party, therefore, be activated, since the adoption of this decision at its own initiative that the conservative could not oppose (see paragraph on Cass. Civ., II, sect. No l6583 in relation to Article 11 .8.2005. 2651 cc). There
good reasons, given the lack of opposition, in order to cover the costs of litigation. PQM

The Court finally saying, against all claims, objections, deduction rejected, hereby: declares that
• Dick (cf xxxxxxxxxxx), born in Erchie (BR) 9999999, has become full owner, by way of adverse possession, fund rural site in the countryside of Erchie, C.da "Whites", the census in NCT sheet 26, P.lla 72 and 44 are extended to 26 and a hundred, RA € 6.86, € l5 RA, 49, having held dominus used for over twenty years;
• fully offset the costs of litigation between the parties.
Francavilla Fontana, 16.12.2010.
Judgement published with the signing of this report and immediately filed in the Registry.

Judge
(Dr. Giuseppe Marseglia)