Abstract

In the second part of the article, the author specifies the circumstances on which the success of the court proceedings initiated by the owners of the land may depend. It is emphasized that the owners may expect the plea of usucaption when the entrepreneur will not be able to show any other legal title allowing him to use their property, as for example an agreement, a court decision or an expropriation decision. At the same time, the author underlines that the exercise of rights on the basis of the latter cannot be identified as holding an easement within the meaning of Art. 352 of the Civil Code and that it cannot lead in parallel to acquisition of an easement by usucaption. The author draws attention to many aspects helpful in challenging the plea of usucaption. He also discusses the possibility of claiming compensation for the period prior to the date of acquisition of an easement by usucaption.