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Book 3 · Law of property  ›  Title 2 · Acquisition and loss of ownership of plots of land › Section 927

Judicial call procedure

(1) The right of the owner of a plot of land may, if the plot of land has been in the proprietary possession of another for 30 years, be excluded by way of the judicial call procedure. The period of possession is calculated in the same way as the period for acquiring a movable thing by prescription. Where the owner is entered in the Land Register, the judicial call procedure is admissible only if the owner is dead or missing and a registration in the Land Register that required the approval of the owner has not been made for 30 years.

(2) The person who obtained the exclusory order obtains ownership by having an entry made in the Land Register listing them as owner.

(3) If, before the exclusory order is pronounced, a third party has been entered as owner or, on the basis of the ownership of a third party, an objection to the accuracy of the Land Register has been entered, the exclusory order has no effect with regard to the third party.

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