What is it and what are the requirements for it to exist

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Usucapion is a legal doctrine of Roman origin that allows the acquisition of ownership of a tangible asset through the possession of said asset for a certain period of time. It is similar to adverse possession, but does not involve occupying someone else's land: instead, you must find an abandoned property and occupy it. Let's look a little more in depth at this topic that is so interesting for some and so worrying for others.

For adverse possession to be valid, you must occupy or use the property in question with the intention of taking possession and obtaining ownership. If you have no intention of taking possession, it is not considered usucapion.

In summary , usucapion is a legal figure that allows a person to acquire ownership of a property through possession. Without having to pay for it.

What can be acquired by usucapion?
In general terms, it is thought that usucapion is Email Data only applicable to tangible assets susceptible to real rights. Mainly, the right of ownership of real estate. However, the Spanish Civil Code , in its chapter on prescription, in article 1936, establishes that “All things that are in the commerce of men are susceptible to prescription . ”

This means that all things that can be traded or marketed can be acquired by usucapion.

When does usucapion occur?
Usucapion occurs once you have possession of a specific asset or right , for the time established by law for that purpose. However, certain conditions must be met in order to truly speak of usucapion.
Only people of legal age may acquire a property by usucapion. Possession must be uninterrupted for the time stipulated by law and peacefully as the owner in a public manner (article 1941 of the Civil Code). In the case of temporary abandonment of the property, this cannot exceed a period greater than one year, otherwise possession will be understood as interrupted. That there is no type of property right claim by the owner of the property. That the possessor does not carry out any act that recognizes the right of the owner of the property. Requirements of ordinary usucapion Ordinary usucapion is one of the two existing types of usucapion recognized in Spain.



But in order to be able to talk about it, some basic requirements must be met: Possession: uninterrupted possession of the property as owner must be held and demonstrated in a public and peaceful manner. Good faith: good faith must prevail in your actions, that is, there must be no defect in the act, nor acts that invalidate it. Fair title: sufficient document to demonstrate ownership and transmit the right to the property.

Time determined in the law: to finish, the times stipulated in the law for usucapion must be met. 3 years for movable property, 10 years for real property between present and 20 years in cases of absence.

What is extraordinary usucapion? Unlike ordinary usucapion, extraordinary usucapion is the way of acquiring property without the need for good faith or fair title. In Spain it is the most common form of possession.

It is characterized because, although it relaxes the requirements, it increases the time necessary from 20 to 30 years of uninterrupted possession to be able to make it effective. Thus, 6 years of uninterrupted possession are required for movable property and 30 years for real property.