How does the process of acquiring ownership by adverse possession work?
Possession is a concept of great importance in civil law. In this post, we’ll focus on acquiring possession through adverse possession. Learn more!
Not all possession gives rise to a right to adverse possession—understand the difference
There are different types of possession. Simply living in a property does not automatically mean you have the right to claim adverse possession—you need a specific type of possession, called “ad usucapionem.”
What characterizes this inauguration
You must act as if you were the actual owner—paying property taxes, making renovations, without anyone contesting it—for the minimum period required by law (10, 15, or 5 years, depending on the type of arrangement).
What if I just rent out the property?
That doesn't count. Anyone who pays rent acknowledges that there is another owner—they lack the "owner's mindset" that adverse possession requires, no matter how many years they've lived there.
Practical example
Did you buy a property through an informal agreement, have you lived there for 11 years, paid the bills, and treated it as your own? You likely have adverse possession.
Not sure if your situation applies?
Contact Tettu—we'll review your specific case.