2780 procura and usucapione

Has anyone ever appealed the usucapione law and won?

I have a friend who went to Italy after the death of his father to have his name put on succesion. He hired an attorney in Italy, paid the taxes and registered the land in his name as per succession laws.

After some time he was notified that his family in Italy had gone to the courts to say they had lived on the property for more than 20 years and their Canadian family (Heirs) had abandoned the family farm. The Italians said they didn't know where they Canadian's were as they had lost touch with them. (That was a lie, as they even had a procura from the Canadian's)

The Canadian family had given the Italians a power of attorney/procura to act in good faith for them. The Canadians were active during those 20 years in visiting Italy and their property.

I find this case interesting because the Italians did not live on the property eathier. They claim that the Canadian's abondoned the property but they did not live on the property eathier.

A procura was given to the Italian family by the Canadian family in good faith.

The Italian's used usucapione and were granted the land. They lied to the courts. The sqautters were the people holding a power of attorney.

The Canadian family (whom are also Italian citizens) hired a lawyer in Italy and appealed to the court. This case was heard 14 years later(last year).The courts favored usucapione.

The Canadian family has decided to appeal again taking the issue to a higher court in Italy.

Dosn't the preexisting procura indicate that their was NO loss of interest in the property by the Canadian's? The procura also indicates the name and addresses of the Canadian families, and therefore they should have been notified by eathier the court or the squatters.

Perhaps, the Canadian's should be suing for fraud, instead of pursuing an appeal against the squatters and the usucapione law.

Has anyone appealed the squatters laws and won?

Has anyone sued the squatters for fraud and won in Italy?

I find it hard to believe that this misuse of power exists in our civilized world and I find it harder to believe that people are getting away with it.

All people are entitled to their inheirance, and all people have enjoyment of their property wheather they use it a a primary residence or not. With today's technology, someone may use their property just to put up a web cam. (I wonder if usucapione law will still stand up in court.)

I would be interested in hearing from anyone whom has taken this a step further, or from anyone whom has any suggestions to what sort of evidence might hold up in court against the squatters and/or people misusing a procura/power of attorney for their own benefit.

Josie