OCCUPATION: TAKING WHAT DOES NOT BELONG TO ANYONE
One of the oldest and most direct ways of acquiring property is through occupation. This occurs when a person takes possession of an asset that belongs to no one, with the intention of making it their own. This concept applies particularly to goods such as wild animals from hunting and fishing, provided their capture is not prohibited by law or regulation. Similarly, unowned movable assets—such as items found on public roads—may be appropriated following the procedures established by law, including their delivery to the competent authority and the waiting of a legal period before they are considered the finder’s property.
This form of acquisition is supported by provisions on occupation of movable goods, wild animals, and fortuitous findings (Civil Code: Articles 110, 140–146).
ACCESSION: WHAT JOINS TO ONE’S PROPERTY IS ALSO ACQUIRED
Accession allows a property owner to extend their rights over everything that naturally or artificially adheres to or joins their main property. For example, this occurs when a plot of land is expanded through alluvion (natural accumulation of soil caused by water), or when a building is constructed on one’s own land using another’s materials. In such cases, the owner of the main property may acquire ownership of the work or materials, provided they compensate their value or separation does not cause severe damage.
These situations are regulated by specific provisions addressing natural land growth and constructions carried out by third parties with their own or others’ materials (Civil Code: Articles 127–133).
USUCAPION: ACQUIRING OWNERSHIP THROUGH TIME
Usucapion is a way of acquiring ownership through continuous, peaceful, and public possession of an asset over a legally established period. The law distinguishes two main types: ordinary usucapion (five years) and extraordinary usucapion (ten years), depending on whether a valid title and good faith exist.
Ordinary usucapion requires uninterrupted possession for five years, along with a just title, such as a sales contract, even if not fully valid. Additionally, the possessor must act in good faith, genuinely believing they have a legitimate right to the asset.
Extraordinary usucapion applies when a person can prove continuous possession of an asset for ten years, without the need for a title. It is sufficient that the possession was public, peaceful, and uninterrupted.
This mechanism also applies to real estate: if acquired in good faith with a valid title, usucapion is completed after five years from the registration of the document in the Real Rights Registry.
Movable goods, such as vehicles, are also subject to usucapion. In these cases, the possessor may acquire ownership if they have held the asset in good faith for three years with a registered title, or for ten years without a title, provided the possession was continuous and unopposed.
These scenarios are supported by provisions regulating possession, legal presumptions, movable property subject to registration, and modes of acquisitive prescription (Civil Code: Articles 87, 88, 93, 100, 104, 110, 134, 138, 149, 150, 151, 1454).
CONTRACTS AND SUCCESSION: ACQUISITION THROUGH LEGAL ACTS
Property may also be transferred through contracts such as purchase-sale, exchange, or donation. In these cases, the agreement between the parties and compliance with legal formalities are sufficient to legitimize the transfer of ownership.
Similarly, succession mortis causa allows heirs to acquire ownership of the deceased’s property, either through testamentary designation or through legal succession. In these cases, the rights of third parties who acquired in good faith are respected, except when involving immovable or registered movable property whose titles are registered after that of the legitimate heir (Civil Code: Articles 110, 1457).
GOOD-FAITH POSSESSION OF NON-REGISTERED MOVABLE ASSETS
The law presumes that a person in good faith possession of a tangible, non-registered movable asset is also its owner, unless proven otherwise. This presumption converts possession into a true title of ownership in the absence of opposition or claims. This concept is particularly relevant in everyday situations, such as the informal purchase of moderately valuable objects (Civil Code: Articles 93, 100).
In conclusion, civil law establishes several mechanisms for acquiring property, beyond direct purchase. Understanding these mechanisms is essential to protecting acquired rights and avoiding unnecessary litigation arising from misunderstandings regarding ownership.
Our law firm offers specialized legal services in civil law, including property regularization, usucapion, and possession defense. If you are facing a similar situation, do not hesitate to contact us for personalized legal advice.
Frequently Asked Questions (FAQs)
What does it mean to have a valid title for transferring property?
It is a document that meets the legal requirements to validly transfer ownership, such as a duly signed and registered sales contract.
Can I acquire a vehicle through usucapion?
Yes, provided you have possessed the vehicle in good faith for at least three years with the title registered in your name, as applicable.
What happens if I find something valuable and fail to report it?
You may lose the right to acquire it legally and may also incur administrative liability. The law requires you to deliver it to the municipal authority and wait three months.
Does possession always equal ownership?
No. Only in certain cases, such as good-faith possession of non-registered movable goods, may ownership be presumed, unless proven otherwise.
Can an apparent heir sell a property later claimed by the legitimate heir?
Yes, but third parties who acquired in good faith may keep the property, except in the case of immovable or registered movable goods whose title was registered after the legitimate heir’s title.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
