Acquisitive prescription is a mode of acquiring ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law, essentially by long, continuous possession. For immovable property, the Civil Code provides two kinds. Ordinary acquisitive prescription requires possession of the thing in good faith and with just title for ten years. Good faith means the possessor is not aware of any flaw in their title or mode of acquisition; just title means there is a title sufficient to transfer ownership, though it turns out the grantor was not the true owner or could not transmit ownership. Extraordinary acquisitive prescription requires uninterrupted adverse possession for thirty years, without need of title or of good faith; the longer period compensates for the absence of those elements. In all cases, the possession must be in the concept of an owner, and it must be public, peaceful, uninterrupted, and adverse; possession that is merely tolerated by the owner, or held in the name of another (such as a lessee or a trustee), does not ripen into ownership no matter how long it lasts. A crucial limitation: land registered under the Torrens system is generally not subject to acquisitive prescription; no title to registered land in derogation of the registered owner can be acquired by prescription or adverse possession, which is one of the core protections of the Torrens system. So prescription can convert long possession into ownership of unregistered land, but the period depends on good faith and just title, and it cannot defeat a registered Torrens title.
Ownership Through Time
Acquisitive prescription acquires ownership through long, continuous possession under the law's conditions. For land, there are two kinds.
Ordinary vs. Extraordinary
- Ordinary — possession in good faith and with just title for 10 years;
- Extraordinary — uninterrupted adverse possession for 30 years, no title or good faith needed.
The Possession Must Qualify, and Torrens Land Is Exempt
Possession must be in the concept of an owner — public, peaceful, uninterrupted, and adverse. Tolerated possession or possession in another's name never ripens. Crucially, registered Torrens land is generally NOT subject to prescription.
Practical Takeaways
- 10 years with good faith + just title; 30 years without;
- Possession must be adverse and as owner, not merely tolerated;
- Torrens-registered land cannot be lost to prescription.
Frequently Asked Questions
What is acquisitive prescription? A mode of acquiring ownership and other real rights through the lapse of time by long, continuous possession in the manner and under the conditions the law provides.
What is the difference between ordinary and extraordinary prescription? Ordinary acquisitive prescription of immovables requires possession in good faith and with just title for ten years. Extraordinary requires uninterrupted adverse possession for thirty years, without need of title or good faith.
What kind of possession is required? Possession in the concept of an owner that is public, peaceful, uninterrupted, and adverse. Possession merely tolerated by the owner, or held in another's name such as by a lessee, does not ripen into ownership.
Can I acquire registered Torrens land by prescription? No. Land registered under the Torrens system is generally not subject to acquisitive prescription. No title in derogation of the registered owner can be acquired by prescription or adverse possession.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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