Usucapion is a legal concept that allows a person to acquire ownership of a property by possessing it openly and peacefully for a specified period of time. This concept is fundamental in property law and can be a solution in situations where there is no clear or registered title of ownership.
Types of Usucapion
There are two main types: ordinary and extraordinary, each with its own specific requirements and timeframes.
Ordinary Usucapion:
- Requirements: The possession must be public, peaceful, uninterrupted, and in good faith. Additionally, a document justifying the possession is required, even if it has some defect.
- Timeframes: 10 years for real estate and 3 years for movable property.
Extraordinary Usucapion:
- Requirements: Similar to ordinary usucapion, the possession must be public, peaceful, and uninterrupted. However, it is not necessary to prove good faith or present a justifying document.
- Timeframes: 30 years for real estate and 6 years for movable property.
Requirements for Usucapion to Occur
For usucapion to be legally valid and recognized, the following conditions must be met:
- Public Possession: The occupation of the property must be visible to all and known by the community.
- Peaceful Possession: The possession must be maintained without the use of violence or significant conflicts. The possessor must have obtained and maintained the property without serious confrontations and without third-party claims.
- Uninterrupted Possession: The period of possession must be continuous, without prolonged interruptions. If possession is lost and later regained, the necessary period for usucapion is interrupted.
- Good Faith (applicable in ordinary usucapion): The possessor must genuinely believe that they have the right to the property, even if they do not actually have it.
- Just Title (in the case of ordinary usucapion): The possessor must have a document that, although defective, leads them to believe they have a legitimate right to the property.
Procedure to Claim Usucapion
Once all requirements are met and the necessary time has passed, usucapion grants the possessor full ownership of the property. This right can be legally recognized through a judicial ruling, which provides the possessor with legal certainty of their ownership.
This procedure is especially useful when there is no clear or registered title of ownership, and the possessor wishes to regularize their situation and obtain legal recognition of their ownership.
Conclusion
Usucapion is an important legal mechanism that allows possessors of both movable and immovable property to obtain ownership through prolonged possession under certain conditions. It is crucial to understand the applicable requirements and timeframes to assert this right under the law and, if necessary, seek judicial recognition.
At Toscanolex, our real estate law experts are ready to assist you in any situation where you may need guidance on your rights and support in protecting your interests throughout the process.
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