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Book 3 · Law of property  ›  Division 1 · Possession › Section 858

Prohibited interference with possession

(1) A person who, against the will of the possessor, deprives the possessor of possession or interferes with the possessor’s possession acts, except where the deprivation or the interference is permitted by law, unlawfully (prohibited interference).

(2) The possession obtained as a result of prohibited interference is defective. The successor in possession must allow the defectiveness to be asserted against them if they are the heir of the possessor or if they are aware, in acquiring possession, that the possession of their predecessor was defective.

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