Illegal occupation: cadastral data is not required to carry out the eviction

Illegal occupation is a widespread phenomenon in Italy, more and more owners are forced to turn to the judicial authorities to obtain the restitution of the property.

In this post we report a recent Order of the Court of Cassation, specifically Order no. 26624 of 2022, which specifies that in order to carry out the eviction, it is not always mandatory to indicate the cadastral details of the occupied property.

In this case, among the grounds for the appeal, the defendant requested the rejection of the application due to the indeterminacy of the object, since the deed lacked the cadastral identification and the cadastral regularization of the property for which restitution was requested. These grounds were rejected at first instance, on appeal and finally by the Court of Cassation with order no. 26624 of 2022.

It should be noted that the defendant did not occupy the property under a rental agreement. In fact, the defendant occupied the property under an employment contract, which included the role of caretaker, who was also granted the right to live in the property at issue in the proceedings.

When the worker no longer performed his duties as a custodian, he refused to vacate the property. He was therefore brought to court with a petition filed pursuant to art. 702 bis cpc.

In summary, we can conclude that, in all cases of illegal occupation of real estate, according to the principle stated above, the failure to indicate the cadastral data of the property does not cause the nullity of the appeal due to the indeterminacy of the object. In fact, this is a very particular situation, which may arise in the case in which the illegally occupied property is not registered. That is, the property is not registered in the Land Registry and it is impossible for the appellant to indicate its details in the appeal. In these cases, although rare, it is possible to obtain the restitution of the home according to ordinance no. 26624 of 2022.

If you want to know the latest decisions on compensation for damages from occupation both in terms of proof and quantification, you can read our article on compensation for damages caused by unauthorized occupation.

If you want to know the cadastral data of a property you can request a land registry search.

If you don't know how to read a land registry report you can read our guide to reading the land registry report.

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