News
A mere declaration of possession is not sufficient to prove the existence of adverse possession
- 08/10/2018
Article 1158 of the Civil Code, which defines the institution of adverse possession of real estate and real property rights, states that “ownership on real estate and other rights of enjoyment are acquired by virtue of the continued possession over the same for over twenty years.”
The Court of Cassation, Sec. VI-2, with Sentence no. 21873 of September 7, 2018 has disavowed the literal figure of the provision, stating that the expression “having owned for over twenty years” is so generic that it leaves in the indeterminacy the essential terms of the adverse possession.
The Court stated that in an adverse possession case, it is always necessary for the appellant to demonstrate the assumptions, such as chronological references and the modalities with which he has begun to possess uti dominus, since a mere declaration of possession is not sufficient for this purpose.
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