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Legal mechanisms to prevent property loss through usucapion
Under Italian civil law, usucapion allows for the acquisition of property through prolonged, peaceful, and public possession without the original owner's consent. According to Article 1158 of the Civil Code, ownership of real estate and related rights, such as usufruct or easements, is acquired through continuous possession for twenty years.
To prevent the loss of property, legitimate owners must take specific legal actions to interrupt the possession period. Article 1167 of the Civil Code provides for a natural interruption if the owner is deprived of the asset for more than one year. Additionally, legal strategies such as using loan-for-use contracts (comodato) can transform unauthorized possession into mere detention, preventing the possessor from acting as the true owner and thereby blocking the acquisition process.