usucapione

Usucapione, also known as acquisitive prescription, is a civil-law mechanism by which a person can acquire ownership or other real rights in land or property through long, uninterrupted possession. The underlying idea is that sustained use of property over time entitles a possessor to become the owner, even without the original owner’s consent.

The key elements of usucapione typically include possession that is peaceful, open, and continuous for the period set by law, along with an intention to possess as owner (animus domini). Depending on the jurisdiction, the possessor may also need to show just title and good faith, at least for certain forms of usucapione.

There are two main forms. Usucapione ordinaria usually requires possession for a substantial period with a just title and good faith. Usucapione extraordinaria requires a longer period of possession but does not generally require title or good faith. Some legal systems recognize special forms, such as urban or rural usucapione, which provide shorter periods for specific types of property and subject to particular conditions.

Time periods vary widely by jurisdiction, commonly ranging from a few years to several decades. Possession can be interrupted by actions such as eviction or other legal interruptions, which may reset the required period.

Procedurally, a claimant typically must initiate a court claim to obtain recognition of ownership or a related real right, presenting evidence of continuous possession and compliance with applicable statutory conditions. When successful, the court grant establishes the holder as the owner or holder of the applicable right.

Limitations exist: usucapione does not apply to property belonging to the public domain or to assets protected by other regimes, and local rules can impose additional restrictions or procedures.