Legal Assistance for Illegal Citizen Occupancy


Questioner

We have been living in a house in the countryside (civil residence) on a plot of land that has an agricultural destination for 12 years. The resident before us has also done this for 18 years (total 30 years). The municipality now indicates that there is illegal civilian occupation. After so long of civilian habitation on a plot of land with an agricultural designation (which we were not aware of) and tolerance by the municipality, is it possible that there is customary law? What can/should we do to continue to legally occupy our home?

Lawyer

No, not customary law in the sense of prescription; that does play a role in civil law. It is the case that a municipality must properly motivate when repurposing or revising the zoning plan that applies to you why the actual living situation will not be tolerated again and you must keep a close eye on these revisions to see if the judge sees it differently. For example, the prospect of legalization can play a role. However, long-term tolerance is not enough. Ultimately, it is worth having a lawyer do a thorough investigation into it.

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