Ersitzung

Ersitzung is a legal mechanism in civil law by which ownership or other real rights can be acquired through long, uninterrupted possession of a thing or right. It is a form of acquisitive prescription. Unlike Verjährung, which typically limits the ability to sue, Ersitzung results in the transfer of ownership or the creation of a right to the possessor if statutory conditions are met.

There are two main forms: ordinary acquisitive prescription and extraordinary acquisitive prescription. Ordinary Ersitzung requires possession that is peaceful, public, and uninterrupted for a defined period, and it often depends on the possessor having a title and acting in good faith; the exact period varies by jurisdiction and by the type of property. Extraordinary Ersitzung requires a longer period of possession and can apply regardless of title or good faith. The applicable time frames for movable versus immovable property and the precise conditions are determined by national law.

Conditions and effects. Possession must be continuous and without legitimate interruption by the true owner. Interruptions, such as disputes, transfers, or legal actions, can reset the accrual of the period. Once the prescribed period elapses and the other requirements are met, the possessor acquires the object or the asserted right, which may be reflected in official registers or recognized by the courts.

Relation to other concepts. Ersitzung is distinct from Verjährung, which tends to bar claims rather than transfer ownership. The doctrine exists in German-speaking jurisdictions (Germany, Austria, Switzerland) and has parallels in other civil-law systems under different terminology.