Usucapion of land belonging to the public administration
Usucapion of land belonging to the public administration

Summary/Abstract: This article explores the legal limitations and applicability of usucapion in relation to land owned by public administration authorities in Romania. While usucapion is a recognized means of acquiring ownership through long-term possession under civil law, its application is severely restricted in public law, especially when the land in question is part of the public domain. The Romanian Constitution (Article 136) and Law no. 213/1998 classify public domain assets as inalienable, imprescriptible, and exempt from any form of private acquisition, including usucapion. However, challenges arise when certain parcels of land, although belonging to the state or local governments, are not formally registered, are not actively used for public purposes, and have been peacefully and continuously possessed by private individuals. In these borderline cases-especially involving land from the private domain of the state-Romanian courts have adopted a more nuanced approach, occasionally recognizing the validity of usucapion claims. This paper examines the legal criteria for such exceptions, the role of cadastral registration, and the risks posed by administrative negligence. The study concludes with a call for legislative clarification and improved public asset management to ensure a balance between legal certainty and the protection of public patrimony.

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