The violation of private property

Discovering that one's property has been unlawfully occupied is a deeply frustrating and stressful experience. Beyond the violation of a fundamental right, one suffers concrete damage that goes far beyond the mere unavailability of the asset. This is a situation that requires timely and strategic legal intervention, not only to recover possession of the property but also to obtain fair compensation for all the prejudice suffered. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci understands the emotional and legal complexity of these matters and supports owners in protecting their rights with determination.

The regulatory framework: repossession and compensation protection

Italian law offers specific tools to protect owners who are victims of unlawful occupation, also known as occupation without title. The first and most urgent step is the action for repossession, a judicial proceeding aimed at obtaining a court order for the forced eviction of the property. In parallel with this action, or even at a later stage, the owner has the full right to seek compensation for damages. Established case law recognizes that the unlawful occupation of a property constitutes damage in itself, defined as 'in re ipsa', as it deprives the owner of the ability to enjoy and dispose of their asset. This damage is mainly divided into two categories: actual damages, relating to direct costs incurred (legal fees, material damage to the property, unpaid utilities), and loss of profit, which represents lost earnings, such as rental income that could have been received during the period of occupation.

The approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a lawyer with extensive experience in damages compensation in Milan, is pragmatic and dual-pronged. The primary objective is to achieve eviction in the shortest possible time, immediately activating the most effective legal tools. Concurrently, a thorough assessment of all damages suffered by the client is initiated. This phase includes the evaluation of material damages through expert reports, the calculation of lost rental income based on market values, and consideration of non-pecuniary damages, related to the stress and disturbance suffered by the owner. The firm's strategy is not limited to obtaining a favorable judgment but extends to the enforcement phase, which is crucial for transforming a compensation award into the actual recovery of the sums owed.

Frequently Asked Questions

How long does it take to evict a property that has been unlawfully occupied?

The time it takes to obtain the eviction of an occupied property varies depending on several factors, including the workload of the competent court and the complexity of the specific case. Timely and well-structured legal action is essential to accelerate the process as much as possible. Generally, an initial urgent order can be obtained within a few months, but the complete proceeding may take longer.

What damages can I claim if my property has been occupied?

The owner can claim compensation for various types of damages. These include: loss of profit (lucro cessante), calculated as notional rent for the entire period of occupation; actual damages (danno emergente), which include costs for repairing any damage to the property and furnishings, expenses for utilities unpaid by the occupants, and legal costs incurred; and in some cases, non-pecuniary damages for the stress and psychological distress suffered.

Can I act on my own to remove the occupants?

It is absolutely inadvisable and illegal to act independently to evict occupants. Attempting to change the locks, disconnect utilities, or forcibly enter the property can constitute the crime of arbitrary exercise of one's own rights. The only legal and safe way is to turn to the judicial authority through a lawyer to obtain an executive eviction order.

Contact our law firm in Milan

If your property has been occupied and you are suffering damages, it is essential to act quickly and with the support of a professional. Avv. Marco Bianucci offers his expertise to analyze your situation, define the most effective legal strategy, and assist you in every phase of the process, from eviction to the claim for fair compensation. Contact the Bianucci Law Firm, located in Milan at via Alberto da Giussano 26, for an assessment of your case.