16892/2010

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Encroachment of allotment plot. Action for recovery of property. Rural legislation, article 79, par.2 of the Rural Code. Real estate granted as lot to individual entitled for rural rehabilitation was not susceptible to possession and usucapio by other person, who could not acquire its ownership via ordinary or extraordinary usucapio, nor oppose against the claimant of lot or his heirs the objection by the article 249 CC for 20-year prescription of the action for recovery of property. Emergency law 431/1968. The sale or any disposal with legal acts of all lots is allowed to the allottees, according to the allotment law, with the only restriction the non-partition of the parts of final distribution, which comes also into effect at every future transfer.