Protection of Immovables in European Legal Systems The Common Core of European Private Law Series

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.

Sonia Martín Santisteban teaches Spanish civil law at the University of Cantabria and serves as a substitute judge at the Cantabria Courts of Appeals. She is member of the Court on Trusts and Fiduciary Relationships of the Republic of San Marino.
Peter Sparkes teaches land law and equity and trusts at Southampton Law School, where he has been Professor of Property Law since 2002.