Usucapio, also known as usus, usucaption, or usucapion, is a legal term that refers to the acquisition of ownership through long possession. In ancient Roman law, the time required for possession was one year for movable things and two years for land. However, under Justinian, the time was increased to three years for movable things and a minimum of ten years for land.
Usucapio, a term used in Roman and civil law, refers to the acquisition of ownership through long possession in good faith. This means that if someone possesses something for a certain period of time, they can become the legal owner, regardless of their original ownership. For instance, if someone resides in a house without the owner’s permission for a specific number of years, they may be able to claim ownership of the house through usucapio. In classical law, the required periods were one year for movable property and two years for land. However, under Justinian, the period extended to three years for movable property and a minimum of ten years for land. Usucapio is also known as usus, usucaption, or usucapion. For example, John has been openly and without objection using a piece of land that belongs to his neighbour for over ten years. According to the principle of usucapio, John may be able to claim ownership of the land because he has possessed it for the required period of time. This example demonstrates how usucapio can be utilised to acquire ownership of property through long possession. Even if John did not originally own the land, his extended possession can grant him legal ownership through usucapio.
Usucapio is a legal concept that allows a person to acquire ownership of property through continuous and uninterrupted possession for a certain period of time.
The time period for claiming usucapio varies by jurisdiction, but it is typically several years.
Usucapio generally applies to real property, such as land or buildings, but it can also apply to personal property in some cases.
Usucapio and adverse possession are similar concepts, but usucapio is typically a statutory method of acquiring property rights, while adverse possession is a common law doctrine.
No, usucapio requires that the possession be adverse, meaning without the permission of the true owner.
To prove usucapio, you will typically need to provide evidence of your continuous and uninterrupted possession of the property for the required time period.
In most cases, usucapio cannot be used to claim property that was inherited, as the inheritance process typically transfers ownership without the need for adverse possession.
Usucapio is generally not applicable to property that has been purchased, as the transfer of ownership through a purchase is typically recognized through legal documentation.
Usucapio may not apply to property owned by the government, as there may be specific laws and regulations governing the acquisition of government-owned property.
It is advisable to consult with a lawyer if you are considering pursuing a claim of usucapio, as the legal requirements and procedures can be complex and vary by jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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