The possession appearing as the owner: a requirement for extraordinary usucaption
Keywords:
Extraordinary usucaption or acquisitive prescription, Uninterrupted possession appearing as the owner, Good faith-bona fide, Title, Property acquisitionAbstract
The recent Supreme Court decision of February 11, 2016 includes a new course of extraordinary usucapio, which emphasizes the possibility of this peculiar way of acquiring property by one who has a thing alleging to be the owner, without a title, and even without good faith. That is, even knowing that it is not the rightful owner thereof, may his valid acquisition by the legal phenomenon known by all the extraordinary usucapio.
This article reviews how the law has been defining its requirements, interpreting that even an apparent possessory situation in respect of owner, during the legal periods, he shall have proof of his right. That appearance that builds confidence in others is sufficient for this. Special consideration of the possession alleging to be the owner will be analyzed in this paper, as a requirement for extraordinary usucapio.
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