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<strong>Do you know that property can be acquired through use over a period of time and by complying with a series of legal requirements? </strong>We are talking about <strong>usucapion</strong> or acquisitive prescription. It is a legal mechanism that allows acquiring ownership of a movable or immovable property through its continued possession for a certain period of time. It is regulated in the <strong>Civil Code </strong>and in this article we tell you all the details.
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<h2>What is usucapion?</h2>
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Usucapion is regulated in articles 1930 and following of the Civil Code, which establishes the following:
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<li><em>- By prescription, ownership and other property rights are acquired, in the manner and with the conditions determined by law.</em></li>
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– <em>Rights and actions, of any kind, are also extinguished in the same way by the prescription.</em>
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– Therefore, usucapion is a right that allows a person to acquire ownership of an asset by the mere fact of possessing it in a continuous and peaceful manner for a time stipulated by law.
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-This process is based on the presumption that the original owner of the property has abandoned the right to it by not claiming it within the established period.
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<h2>Requirements that must be met for there to be usucapion</h2>
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For usucapion to be effective, it is necessary to comply with a series of requirements established by articles 1940 and following of the Civil Code. They are the ones we quote below:
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<h3>For ordinary usucapion</h3>
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In the case of <strong>ordinary acquisition prescription</strong> the requirements are the following:
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-<strong>Possession. </strong>What it should be: <strong>In the concept of owner. </strong> It is necessary to possess the property as if you were the legitimate owner, not as a tenant, usufructuary or any other figure that does not imply holding ownership.
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– <strong>Public</strong>. Possession must be evident to other people. That is, the usucapient must be considered the owner.
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– <strong>Peaceful</strong>. Possession must not have been claimed by the owner or by third parties or taken using violence.
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– <strong>Uninterrupted</strong>. Possession must be maintained continuously for the period of time required by law and must not be interrupted by a judicial or extrajudicial claim.
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<strong>Good faith.</strong>
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-Good faith means that the person who owns the property believes that he has received it from its owner legitimately.
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<strong>Fair title.</strong>
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– It is a title (a contract, for example) that serves for the transmission of the asset or right.
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<strong>Time period</strong>
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The term is three years for personal property and ten years for real property.
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<h2>For extraordinary usucapion</h2>
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In the case of <strong>extraordinary acquisition prescription</strong> the requirements are the following:
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– <strong>Possession</strong>. The ones we have seen before.
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– <strong>Time period</strong>. For personal property six years and for real estate 30 years.
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– In this case, the requirements of good faith and fair title do not apply.
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<h2>Can the statute of limitations be interrupted?</h2>
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The answer is yes: usucapion can be interrupted for various reasons that prevent the term from continuing to run. Among the most common causes of interruption are the following:
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<li>- <strong>Recognition of the right of the original owner</strong>. If the possessor of the property at any time recognizes the right of the original owner, the usucapion period is interrupted.</li>
<li>- <strong>Filing a lawsuit</strong>. If the original owner of the property files a lawsuit claiming ownership of the property, the adverse possession process is also suspended.</li>
<li>- <strong>Loss of possession</strong>. In the event that the possessor loses the property or abandons it for any reason, the usucapion period is interrupted and should begin again once possession is recovered.</li>
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<h2>What effects does it have?</h2>
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When all established requirements and deadlines are met, usucaption grants the possessor the right of ownership over the asset. This right can be registered in the Property Registry to legally consolidate ownership and make it public to third parties.
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Usucapion has several legal effects, which are the following:
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<li>- <strong>Consolidation of property rights</strong>. The person who owns the asset acquires ownership.</li>
<li>- <strong>Extinction of prior rights</strong>. Any previous right over the property is extinguished.</li>
<li>- <strong>Possibility of registration</strong>. The new owner can register his right in the <a href=”https://proddigia.es/todo-lo-que-necesitas-saber-sobre-el-registro-de-la-propiedad-en-barcelona/ “> Property Registry </a> to protect your right. </ Li>
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<h2>Practical case of usucapion of a Property</h2>
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To better understand how usucapion works, let’s start with the following case:
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Fifteen years ago Beatriz moved to a house in a rural area that she had been vacant for a long time. The house had no known owner and was in a state of abandonment. Beatriz, upon finding her in these conditions, decided to move and start living there with her family. During all these years, she has lived in the house continuously, peacefully and without interruptions, and she has carried out various improvements and maintenance on the property.
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Let’s analyze the usucapion requirements to see if they are met:
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<h3>Possession as owner</h3>
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From day one, Beatriz has acted as the owner of the house. She has paid the <a href=”https://proddigia.es/como-se-calcula-el-ibi-en-barcelona/”> IBI </a> and other municipal taxes, she has carried out reforms and has maintained the property in good condition. Furthermore, all the neighbors recognize her as the owner of the property.
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<h3>Public and peaceful possession</h3>
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The possession has been public, since everyone in the town knows her and sees her as the owner. Furthermore, the possession of it has been peaceful, without disputes or conflicts with third parties regarding the ownership of the house.
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<h3>Uninterrupted possession</h3>
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For fifteen years, Beatriz has not stopped living in the house nor has she transferred possession of it to another person. Her stay has been uninterrupted.
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<h3>Elapse of the time period</h3>
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In this case, given that it is real estate and Beatriz has acted in good faith and with fair title (although it is not required for extraordinary usucapion), the period necessary according to the Civil Code to consolidate ordinary usucapion is ten years. between present. Therefore, this period has already been exceeded, because Beatriz has already lived in the house for fifteen years.
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<h3>Procedure to consolidate usucapion</h3>
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Beatriz, therefore, can initiate the legal process to consolidate her property rights. Therefore, she may file a claim before the competent judge and provide evidence of the continued, public and peaceful possession of it during the last fifteen years, for example:
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<li>- <strong>Testimonies from neighbors</strong> confirming their uninterrupted residence in the house.</li>
<li>-<strong> Receipts for payment of municipal taxes and public services </ strong>, to demonstrate that she has behaved as an owner </ li>
<li>-<strong> Photographs, invoices and other documentation </ strong> of the renovations and improvements she has made to the house </ li>.
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<h3>Judgment and registration in the Property Registry</h3>
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In the event that the judge considers that Beatriz meets all the legal requirements for usucapion, he will issue a ruling recognizing her ownership rights over her house. With this ruling, the property can be registered in the Property Registry in Beatriz’s name.
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Therefore, as we have seen, usucapion is a legal mechanism that allows acquiring ownership of property through continuous and peaceful possession during a period of time established by law. It is essential to comply with all legal requirements for usucaption to be effective and to consolidate the property right.
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If you need help for a case of this type, <a href=”https://proddigia.es/vender-piso/”>contact us</a> so that we can study your case and see its viability.
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