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Usucaption or How to Legally Obtain Ownership of a Property You Have Long Possessed Without Title Deeds

A common situation, especially in rural areas, is holding properties without legal title, even though the possessor has acted as the true owner for a long period without being disturbed by any other claimant. Causes for such situations include acquisition through private written agreements (when allowed by law) or incomplete old succession procedures.

To become a legal owner and manage such a property legally, the rightful possessor can pursue a judicial process through usucaption, provided certain legal conditions are met.

According to the Civil Code (Articles 931-934), usucaption is of two types: tabular and extratabular.

Extratatabular Usucaption (Article 930): This allows property rights to be registered after 10 years of uninterrupted possession if: The registered owner has died or ceased to exist, there is a declaration of renunciation of ownership, the property is not registered in any land registry.

Tabular Usucaption (Article 931): This applies when someone has been registered as the owner without a legitimate cause but has possessed the property in good faith for 5 years after the registration of the application for entry.

For extratabular usucaption, the term starts from the moment the property becomes ownerless, i.e., after the owner’s death or renunciation, even if the possession began earlier.

A practical challenge is identifying the defendant (former owner), especially when possession spans multiple generations. Law requires the lawsuit to be against the former owner.

Documents Required (Article 1.051 (3) of the Civil Procedure Code):

  1. A certificate from the local public community service of personal records showing the owner is deceased and the date of death, or a certificate confirming the legal entity has ceased to exist.

  2. A certificate from the chamber of notaries showing whether the deceased’s estate has been settled and the heirs.

  3. A certificate from the local municipality stating the property is not part of the public domain.

  4. Fiscal role certificate, if applicable.

  5. Documents substantiating the legal act upon which possession is based, if applicable.

  6. Technical cadastral documentation of the property.

  7. An extract from the land registry indicating the current registered owner or renunciation of ownership, and whether the property is encumbered.

  8. A list of at least two witnesses with names and addresses.

Given the complexity and importance of real estate usucaption, it is advisable to consult a lawyer specializing in real estate law to ensure you understand the legal implications and procedures applicable to your specific situation. They can offer personalized legal advice and guide you in protecting and asserting your rights in accordance with the law.

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