Usucaption
What this is about
Usucaption is one of the cases of original acquisition of a right of ownership (or other real rights) in movable or immovable property. This institution does not involve the transfer from one person to another by contract, will or other act, but rather subsists as a result of the continuous, peaceful, uninterrupted and manifest possession of a given property for a set period of time (of 20 years or, in some cases, 10 years). For this to be the case, it is necessary that the owner of the property has never claimed his rights in court.
Highlights
Selling a property purchased by usucaption
The case of the sale of a property purchased by usucaption assumes two distinct hypotheses.
- In the case of a legally ascertained usucaption, the sale of the property poses no special problems, as the selling party holds the right of ownership (or other real right) to the property with no doubt.
- In the case of a property purchased by non-legally ascertained usucaption, the issue is more complex. The majority view considers legitimate the sale of a property purchased by usucaption that has not been legally ascertained, pointing out that, in the case of usucaption, the purchase occurs ex lege at the moment when all the conditions required by law are met; the court judgment has, consequently, only a declaratory nature, limiting itself to ascertaining a fact that has already occurred.
Highlights
The role of the notary
In the case of a property purchased by non-legally ascertained usucaption, the notary informs the purchasing party of the risks involved in the purchase of the same, suggesting specific forms of guarantees in case the usucaption of the sold property is denied. Our firm offers its expertise to support you with customized consulting.
