We provide comprehensive legal assistance in matters concerning acquisitive prescription of real estate and other rights in rem.

We specialise in analysing factual circumstances that may lead to the acquisition of ownership title or other rights in respect of real estate by way of acquisitive prescription, as well as in representing clients in court proceedings.

 

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Analysis of the Prerequisites for Acquisitive Prescription

Each acquisitive prescription case requires a detailed analysis of the factual background and the documentation relating to the property.

We provide support in assessing the possibility of acquiring by way of acquisitive prescription:

• ownership of real estate (in whole or in part),
• real easements, in particular rights of way and rights of passage,
• transmission easements.

We reconstruct the history of possession of the property, analysing its nature, continuity and scope.

 

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Good Faith and Bad Faith of the Possessor

Of key importance for acquisitive prescription is the determination whether the possession was possession as an owner and whether the possessor acted in good faith or in bad faith.

This determines the length of the period required for acquisition of the right:

• 20 years — in the case of possession in good faith,
• 30 years — in the case of possession in bad faith.

We assist in assessing the legal character of the possession and in developing legal arguments demonstrating that the statutory prerequisites for acquisitive prescription have been satisfied.

 

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Continuity of Possession and Succession

During the running of the acquisitive prescription period, changes may occur on the side of either the possessor or the owner of the property.

In particular, we take into account situations in which:

• legal title is transferred to a legal successor (e.g. an heir),
• possession is transferred to a de facto successor,
• during the period of possession there is a change in the possessor’s intention with regard to control over the property (animus), resulting in a change from dependent possession to possession as an owner, or vice versa.

We analyse the possibility of tacking periods of possession of predecessors and the effect of such events on the running of the acquisitive prescription period.

 

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Events Affecting the Running of the Prescription Period

During the running of the acquisitive prescription period, events may occur that affect its continuation or interruption.

In particular, we analyse cases involving:

• original acquisition of real estate (e.g. by way of a public auction),
• actions taken by the owner aimed at recovering control over the property, as well as events producing the effect of acknowledgement by the possessor of the owner’s revendicatory claim,
• changes in the legal status of the property.

Each of these events may be of material significance for the effective confirmation of acquisitive prescription.

 

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Court Proceedings

We represent clients in proceedings for a judicial declaration of acquisitive prescription before the common courts.

We provide comprehensive legal assistance, including:

• preparation of the application for a declaration of acquisitive prescription,
• collection and presentation of evidence,
• representation before the court at every stage of the proceedings.

We strive to demonstrate effectively that all statutory conditions for acquisitive prescription have been met and to obtain a favourable ruling.

 

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Our Approach

Acquisitive prescription cases require a precise analysis of facts often extending over many years and the ability to assess them properly in light of the applicable legal provisions.

We handle each matter individually, developing a strategy based on a detailed analysis of the factual background and the evidence.

 

Please contact us to assess the possibility of acquiring rights by way of acquisitive prescription and to determine the most appropriate legal strategy.