usucapio

Usucapio is a legal mechanism by which ownership of property is acquired through long, uninterrupted possession. Originating in Roman law, it remains a standard feature of many civil law systems as a form of acquisitive prescription. It allows a possessor to obtain title to property even without a formal transfer, provided the possession adheres to statutory conditions and time requirements.

In substance, usucapio requires that the possessor hold the thing as owner, with exclusive, continuous, peaceful, and public possession for a prescribed period. The length of the period and the precise conditions vary by jurisdiction and by property type; moves and immovable property often have different timeframes. In some systems, the possessor must act in good faith and/or have a just title; in others, mere possession after the period suffices. Some categories of property or rights may be excluded from usucapio or subject to additional requirements.

The effect of meeting the statutory conditions is that ownership accrues to the possessor, either automatically or through judicial recognition and registration. Usucapio interacts with other modes of acquiring property and with the rights of prior owners. Its operation can be interrupted or suspended by events such as eviction, litigation, or acts that break possession, potentially resetting the prescription period. Variants exist across jurisdictions, including usucapión in Spanish-speaking countries and its equivalents in other civil law systems.