Acquisitive prescription or usucaption is one of the ways of acquiring a right. It is characterized by the lapse of time that must be complied with for it to be filed by the appellant.

If an individual has uninterrupted possession of real estate for 10 years, he may acquire such property. It should be noted that this period of time may increase if the original owner is absent.

Due to the complexity of this legal figure, we will show you what you need to know if you are in possession of a property subject to prescription. Additionally, we will indicate the requirements, computation and regulation.

Acquisitive prescription process

Acquisitive prescription allows the acquisition of a movable or immovable property that is being occupied. A series of requirements must be met in order to be filed and, depending on its nature, it will be classified as ordinary or extraordinary.

An interesting feature of this legal figure is that the legislator does not use the term “usucapion”. Likewise, it is regulated under the provisions contemplated in Article 1940 of the Civil Code.

Likewise, the right over patrimonial property is extinguished according to the actions of the owner and the passage of time. This legal institution is called extinctive prescription and should not be confused with usucaption.

Differences between ordinary and extraordinary acquisition prescriptions

Ordinary acquisitive prescription is typified in article 1940 of the Civil Code. It must be made in good faith, be of public knowledge, peaceful, uninterrupted and possess a property title. An example of ownership is the donation.

The lapse of time for filing a claim must be 10 years for those present and 20 years for those absent in the case of real estate. However, the computation is less for personal property, in which case it will be 3 years.

Extraordinary acquisitive prescription does not require good faith, nor the presence of a title. However, the computation of time is longer and the possession must be uninterrupted. Likewise, the appellant must not have any right over the property, for example, usufruct.

In this case, the property must be owned for 30 years. In the case of movable property, the time period is 6 years. Additionally, there will be no distinction between those present and those absent.

Acquisitive prescription claim

In order to initiate this process, a legal instrument called a lawsuit for acquisitive prescription of ownership must be filed. After it is approved, a trial will be held where the requirements provided by the parties will be analyzed.

When the case is decided by a court, a final judgment will be issued by the court. Subsequently, the opinion must be taken to the Land Registry in order to change the ownership of the property.

It is necessary to clarify that the requirements for the acquisitive prescription must be fully complied with for its approval. Importantly, the computation obeys a series of rules that are adjusted to the conditions of the real estate.

Time for acquisitive filing

As mentioned above, there are certain rules that must be followed at the time of computation. These are the conditions applicable to each situation:

The first day of the computation is counted as a whole, however, the last day must be completed in full.

It is assumed that the person occupying the property has possessed it since the beginning of the lapse of time for the acquisition.

Several possessions may be combined to meet the time lapse for usucaption. This action is called accesio possessionis and is also a legal figure.

The appellant has the burden of proof, while the owner will have to disprove the legitimacy of the acquisitive prescription.

You must be assisted by lawyers specialized in real estate law.