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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).
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
Usucapio was a concept in Roman law that dealt with the acquisition of ownership of something through possession. It was subsequently developed as a principle of civil law systems, usucaption. It is similar to the common law concept of adverse possession, or acquiring land prescriptively.
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.
The udal tenant held without charter by uninterrupted possession on payment to the Crown, the kirk, or a grantee from the Crown of a tribute called skat (Norwegian: skatt), now meaning "tax". This is cognate with the English term scot , which referred to a similar payment), or without such payment, the latter right being more strictly the udal ...
Nec vi, nec clam, nec precario, is a Latin legal term meaning 'without force, without secrecy, without permission' or, in an alternative formulation offered, for instance, by Lord Hoffmann, 'not by force, nor stealth, nor the licence of the owner'. [1]
Finders keepers, losers weepers: That may as well be the name of a Florida law on "adverse possession" that says anyone can move into an abandoned Florida home without the owner's permission and ...
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.