ersittelse

Ersittelse is a legal concept primarily found in civil law jurisdictions, referring to the acquisition of ownership rights over movable or immovable property through prolonged and uninterrupted possession, often coupled with specific legal requirements that vary by jurisdiction. It is a form of original acquisition, meaning the acquirer obtains ownership independently of any prior owner. The underlying principle is to provide legal certainty and stability by recognizing the factual reality of possession that has existed for a significant period.

The duration of possession required for ersittelse is a critical element and is typically defined by statute, often ranging from several years for movable property to much longer periods for immovable property. Beyond mere possession, many legal systems require that the possession be "adverse," meaning it is exercised as if one were the owner and without the permission of the true owner. This adverse possession must also be open, continuous, and undisputed.

In some jurisdictions, additional conditions may apply, such as the possessor acting in good faith or having a claim of title, even if that title is flawed. The intent of the legal framework surrounding ersittelse is to prevent dormant ownership claims from disrupting the status quo and to reward those who actively use and maintain property over time. It is distinct from prescription, although the two terms are sometimes used interchangeably or have overlapping characteristics in different legal traditions. The specific rules and requirements for ersittelse are detailed within each jurisdiction's civil code or property law statutes.