Adverse Possession Law

Many people have probably heard or seen on television news discussions about adverse possession law. If you reside on someone else's land for more than 10 years, you have the right to possess it. Conversely, if someone else resides on your land for more than 10 years, you also have the right to own it. But in reality, can you or someone else easily possess another's land? What are the processes, procedures, and origins? Real Estate Knowledge takes you to understand the law on adverse possession.


What is adverse possession? What are the criteria?


Adverse possession is a legal principle that has existed since Roman times. Originally intended to prevent illegal transactions, when the buyer possesses the property and meets the legal requirements, they acquire ownership through adverse possession, even if there are flaws in the formalities of the transaction.

In later eras, adverse possession has evolved into a law that encourages people to utilize real estate and not leave it unattended. Otherwise, those who use the property would acquire ownership.

___________________________________________

Brief Summary

Adverse possession is the act of seizing ownership through possession. Adverse possession of real estate can include both real estate and movable property. The criteria for adverse possession of real estate are as stipulated in Section 1382 of the Civil and Commercial Code, as follows:

1. Possession of real estate owned by another.
2. Peacefully and openly, with the intention of ownership.
3. Possession for a continuous period of 10 years (5 years for movable property).

___________________________________________

Read more from the source: DD Property: https://bit.ly/48gIzCO