Action for prevention of interference

The action for prevention of interference allows the owner to demand that ongoing unlawful interference with their property be stopped. It serves the direct protection of ownership; beyond the unlawfulness of the interference, neither fault nor damage needs to be shown.

Structures encroaching on a neighbouring parcel, unauthorised use of part of a property, blocking of common areas and former tenants who fail to vacate after the lease has ended are typical examples. The action is filed with the court where the property is located and, being founded on ownership, is not subject to any limitation period.

In practice the claim is usually combined with a demand to vacate the occupied area and with a mesne-profits claim for past use. Where an encroaching structure is involved, demolition may also be sought, and site inspection with expert examination is decisive in defining the scope of the interference.