=IV. Where One Person makes a Claim to Land Included within the
Boundaries of Another.=
Where anyone inherits or acquires land within the boundaries of another
person, or, during the absence, or without the knowledge of the owner
of the same, obtains possession of such land for a long period of time,
or for more than the term of fifty years, even though his occupation
of said property was public and notorious, he shall have no permanent
title thereto; and as soon as the boundaries of said land shall have
been established by the discovery of the ancient landmarks, by persons
appointed to find the same, he shall restore said land so appropriated
to the owner thereof. Nor shall any obligation of the owner, nor
undisputed possession for a long period of time, avail against the
ancient landmarks, when they are discovered. But it must be proved,
if it can be ascertained, whether said land was acquired by one of
the contesting parties or by the ancestors of either of them; for if
such time should have elapsed that neither of said parties, nor any of
their ancestors, knew who first obtained the title to or possession
of said property, and the party in possession is unable to show by
an instrument in writing, or by witnesses, whence the title to said
premises was derived, because the fact of original possession is in
doubt; whoever of said claimants is in possession of said land at the
time shall have an irrevocable right to retain it. Where, however, one
person seems to have been in possession of said land without the other
claimant asserting any right to the same, and such possession shall
be public, and apparently established by existing landmarks, and no
evidence of fraud be disclosed; it is not reasonable that the title of
the owner should be lost by reason of its occupation for a protracted
period by another.
Where one person has obtained possession of land by force or fraud,
this shall in no wise affect the rights of another claimant. If,
however, one person should attempt to gain possession of property
occupied by another, not through fraud or insolence, but by a judicial
proceeding, if his claim is just, he shall be entitled to possession
of said property. But if, unknown to the owner, he should unexpectedly
attempt to gain possession of the land of the latter, the owner of the
same shall have the right to accuse him of being a trespasser with
violence, and, by legal proceedings, compel him to surrender said
property.
=V. Where any Change was made in the Boundaries of Land During the Time
of the Romans, no Claim Based upon Other Boundaries shall Prevail.=
Public-domain text, read in full here on John Shaqi.
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