Good Faith Relating to Prescriptive Easements: Land Acquirer’s Aspect
Pravnik, Ljubljana 2015, Vol. 70 (132), Nos. 5-6
In The article analyses the good faith of the new owner of the servient immovable if he or she acquired the ownership without knowing that it is encumbered by an easement that was created through acquisitive prescription but not entered in the land register.
In The article analyses the good faith of the new owner of the servient immovable if he or she acquired the ownership without knowing that it is encumbered by an easement that was created through acquisitive prescription but not entered in the land register. The acquirer of the immovable must act in good faith in order to rely successfully on the principle of trust in the land register and thus obtain the property unencumbered of any rights not evident from the register. A crucial issue is the extent of the acquirer’s duty to examine the outof-register state of the real property, i.e. the actual exercise of an easement in nature. The relevance of the cadastre of public infrastructure is also discussed in this regard, relating in particular to easements the exercise of which is not externally visible.