Birtokháborítás

Birtokháborítás is a legal term in Hungary that refers to the offense of unlawful interference with possession. It involves disturbing another person's rightful possession of a property without legal cause or authorization. This can manifest in various ways, such as physically preventing someone from accessing their land, damaging their property, or using force or threats to dispossess them. The core element is the unauthorized disturbance of a settled possession, regardless of who ultimately holds the legal title to the property.

Hungarian law distinguishes between civil and criminal aspects of birtokháborítás. Civil remedies focus on restoring the disturbed possession and preventing future interference. Criminal proceedings, however, are initiated when the disturbance is considered a more serious offense, often involving violence, threats, or significant damage. The intent of the perpetrator is a key factor in determining the severity of the offense. The legal framework aims to protect the de facto possession of individuals, ensuring stability and preventing vigilantism or self-help remedies that could lead to disorder. Legal action for birtokháborítás must typically be taken within a specified time limit from the date of the disturbance.