Millions Loose Real Estate This Way. Learn What’s Adverse Possession. Argentina Attorney Lawyer.

Описание: ADVERSE POSSESSION

IN THIS VIDEO I WANT TO EDÚCATE YOU ALL ABOUT ADVERSE POSSESSION

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In Argentina, adverse possession is known as usucapión and is regulated by the Código Civil y Comercial de la Nación (CCyC). It is a legal mechanism by which a person can acquire ownership of property through long, continuous possession under specific conditions.

Concept

Usucapión allows someone who possesses a property as if they were the owner—openly and without opposition—to eventually become the legal owner, even if they never held title.

Essential requirements (common to all forms)

Possession must be:
• Public (pública): not hidden.
• Peaceful (pacífica): without violence.
• Continuous (continua): uninterrupted for the statutory period.
• With animus domini: acting as an owner (paying taxes, maintaining the property, excluding others).

Mere tolerance by the owner does not qualify.

Types of usucapión

1. Ordinary usucapión (Usucapión breve)
• Time period: 10 years.
• Requirements:
• Good faith (buena fe): the possessor genuinely believed they had the right to the property.
• Just title (justo título): a legally valid act (e.g., a deed) that would have transferred ownership but for a defect (such as lack of registration).
• Applies mainly to immovable property (real estate).

2. Extraordinary usucapión (Usucapión larga)
• Time period: 20 years.
• Requirements:
• No good faith or title required.
• Only factual possession meeting the essential conditions.
• This is the most common form in practice, especially in informal or rural occupations.

Judicial process

Ownership is not automatic. The possessor must:
• File a declaratory lawsuit for usucapión.
• Prove possession through evidence such as tax receipts, utility bills, witness testimony, surveys, and acts of ownership.
• Obtain a judicial judgment, which is then registered in the Registro de la Propiedad Inmueble.

Interruption and accumulation
• Possession can be interrupted by legal action from the owner or loss of possession.
• Tacking (accesión de posesiones) is allowed: successive possessors can add their possession periods if there is a legal link between them.

Limitations
• Public domain property (e.g., streets, rivers, public squares) cannot be acquired by usucapión.
• Property owned by the State in its public domain is excluded; private domain state property is subject to stricter rules.

Practical significance

Usucapión is widely used in Argentina to regularize long-standing occupations, especially where formal title was never properly conveyed, balancing legal certainty with social reality.

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