The definition of usucapion, also known as acquisitive prescription, is the way of acquiring ownership of a thing and other real rights through the continued possession of these rights as the owner throughout the period established by law. The concept of usucapion comes from the Latin 'usus and capere', which means to acquire by use.
Among the requirements of the usucapion are these three:
- That the right is susceptible to be usucapido: it refers to everything that is in the trade, both real estate and personal property, provided that they are not affected by inalienability, as is the case with public goods.
- Possession is peaceful, public, continuous and as owner: this implies that possession can be exercised without clandestinity and not in a violent way. Also the possession must be continued, without, for example, the owner's claim.
- That the legal period has elapsed in each case: the terms vary depending on whether they are movable or immovable property.
Tipos de usucapión
There are two kinds of usucapion:
- Ordinary: where the good faith of the holder and fair title are required. It requires 10 years for real estate and 3 years for personal property.
- Extraordinary: the good faith of the possessor is not required and requires 30 years for real estate and 6 years for personal property.
Here are some examples of usucapion. First of all, let's imagine that a person occupies a farm that is next to one of her property. Pay the corresponding taxes and exploit it, achieving results. All this for more than 30 years and without the owner ever claiming it. In that case, you can start a judicial process declarative domain with the aim of obtaining a favorable judgment.
Another very common situation is when in a couple one of the two components buys a vehicle and puts it in the name of the other. After 10 years the relationship is broken and who will keep the car and pay the impuestos It is the one who bought it at the time. It is because he has bought the property by virtue of the usucaption.