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Usucaption (Latin: usucapio), also known as acquisitive prescription, [1] [2] is a concept found in civil law systems [3] and has its origin in the Roman law of property. Usucaption is a method by which ownership of property (i.e. title to the property) can be gained by possession of it beyond the lapse of a certain period of time (acquiescence).
Civil Law jurisdictions may recognize a similar right of acquisitive prescription. For example, the French Code Civil 2258 et. seq. recognizes that title may be acquired through thirty years of "continuous and uninterrupted possession which is peaceful, public, unequivocal, and as owner."
Adverse possession is a legal concept that occurs when a trespasser, someone with no legal title, can gain legal ownership over a piece of property if the actual owner does not challenge it within ...
Since mancipatio and in iure cessio were inherently public modes of acquisition of ownership, usucapio was the only private method of the ius civile. [1] Ownership of a thing in Roman law was usually protected forever, until a limit of thirty years was introduced in 426 AD on actions by Theodosius – in other words, preventing the owner of a thing getting it back or seeking damages after ...
In law, possession is the control a person intentionally exercises toward a thing. Like ownership, the possession of anything is commonly regulated under the property law of a jurisdiction. In all cases, to possess something, a person must have an intention to possess it as well as access to it and control over it.
Unlike fee simple adverse possession, prescriptive easements typically do not require exclusivity. In states that do, such as Virginia, the exclusivity requirement has been interpreted to mean that the prescriptive user must use the easement in a different way from the general public, i.e., a use that is "exclusive" to that user.
Usufruct (/ ˈ j uː z j uː f r ʌ k t /) [1] is a limited real right (or in rem right) found in civil law and mixed jurisdictions that unites the two property interests of usus and fructus: Usus ( use , as in usage of or access to) is the right to use or enjoy a thing possessed, directly and without altering it.
In property law, the American rule of possession states that a landlord is obligated only to deliver legal possession, but not actual possession, of a leased premises to a tenant. Thus, if a tenant arrives at a leased premises only to discover that it is still inhabited by a previous tenant who is holding over, or by squatters, it is the tenant ...