LA USUCAPIÓN DE COMUNEROS.

Abstract

This paper aims to analyse usucaption as carried out by a single joint owner under a system of ordinary joint ownership. First the paper analyses usucaption by one joint owner in favour of the entire set of joint owners, what is known as "usucaption earned by one of many joint owners"; this is accepted without difficulty in our law. Next, some time is spent analysing usucaption by one joint owner against the set of joint owners; that is, whether this situation is possible, and, if so, what requirements or prerequisites are necessary in order for this extraordinary situation to occur. The most recent doctrine and case law are analysed.