The Usucaption can be defined as the right granted to an individual or a group of individuals to own property that inhabit, despite not being their property and there is a real owner, they have inhabited for a long time indeed. Thus, the Usucaption seeks to resolve a situation of conflict which is not easy to solve: when a house or property is inhabited by someone who is not the legal owner, who owns if housing construction has been abandoned, neglected or unclaimed by the owner for a long time?
The figure of the usucapion is very important for several reasons. On the one hand, allows to the inhabitants or users of a space property to possess the same due to its presence in fact and over time in the place. On the other hand, facilitates the resolution of outstanding issues on the subject in specific cases such as for example the death of the original owner, the lack of claim on the property, the abandonment of the same, etc. For Justice, the figure of the Usucaption aims to grant rights to individuals or groups of people who have used the property for your benefit as it has not been claimed for a long time by anyone in particular.
An interesting fact here is that the Usucaption privileges or prioritizes the effective action of those who occupy property (who considered making it by necessity, urgency or benefit as when a factory is abandoned and retaken or rehabilitated by their workers) against inertia or inactivity of who is considered as passive subject, i.e. , the owner of the right which has not claimed it. The Usucaption does not lead to clandestine occupations or bad faith on the property, but if you check the good faith and the need, the property then passed into the hands of who has occupied it effectively over long time even without owning the title of possession.
Article contributed by the team of collaborators.