ACQUISITION OF OWNERSHIP THROUGH ADVERSE POSSESSION OF SOCIALLY OWNED LAND
ACQUISITION OF OWNERSHIP THROUGH ADVERSE POSSESSION OF SOCIALLY OWNED LAND

Summary/Abstract: The removal of the provision prohibiting the possibility of acquiring ownership through usucapio of land in social ownership has created numerous dilemmas and made this legal institute topical. The courts have faced not only the challenge of determining how to assess the legality and conscientiousness of the possessor, but also the question whether the time that elapsed before the prohibition was lifted could be included in the time period for acquisition of ownership. Considering the significant number of court disputes, the authors believe that it is important to address this issue. Although it seems that the institute of usucapio is slowly fading into obscurity, because it contradicts the idea of properly maintained land registers, the fact is that courts still resort to its rules, since it sometimes remains a last resort in their attempts to transform certain factual situations into legal ones.

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