Adverse possession
The procedure is not automatic. Without a solid legal strategy, a defect in possession or a mistake in working out the period can lead to the claim being dismissed. That is why specialist advice makes the difference between wasted time and a title obtained.
See my civil law servicesWhy adverse possession is not a simple process
The courts examine with the utmost rigour whether certain essential conditions are met:
- The type of possession: you must prove that your possession was effective in law – as owner, continuous, open and unequivocal;
- The applicable period: 5, 10, 20 or 30 years, depending on when possession began and the legal regime that applies (the old or the new Civil Code, registration in the land register);
- The land registry position: checking the registers (the Land Book and the county cadastre office, OCPI) to confirm the property's status and any encumbrances.
A single defect in possession or a miscalculated period can block an adverse possession claim for good.
4 signs that you need a specialist lawyer
Missing documents
The title documents are incomplete or do not reflect the property's current situation.
Owners who cannot be traced or have died
The registered owner is unknown, has left the country or has died, and the estate has never been settled.
Boundary disputes
There are disputes over the property boundaries and a topographical and cadastral survey needs to be coordinated.
Property not entered in the land register
Adverse possession is the way to obtain title and register the property in the public land register.
Our aim is to turn your possession from a matter of fact into legally recognised ownership, through solid evidence and a complete case file.
Why choose our expertise in adverse possession
An adverse possession case is, essentially, an exercise in proof. We offer:
- Analysis of the merits: we check that you meet all the conditions for the claim before taking action, avoiding cases with no prospect of success;
- Gathering the evidence: we select credible witnesses, draft the application for a court-appointed expert report and obtain key documents (receipts, taxes, tax statements) from the town hall and other institutions;
- Court strategy: we build the case file so that it anticipates the other side's defences and speeds up the outcome.
Book a consultation on adverse possession
The legal complexity of adverse possession cannot be resolved with a simple online search. Every case is unique and needs a tailored approach. Before investing time and money in court proceedings, you need a realistic legal assessment.
If you have been using a property for a long time and want to obtain legal title, do not put it off. Book a consultation to discuss your situation, review the history of your possession and set out the practical steps for registration in the land register.
For related disputes, including administrative challenges, see also the administrative litigation page.
More about administrative litigationFrequently asked questions
Any other questions?Which adverse possession period applies in my case?
It depends on when possession began. If it began before 1 October 2011, the old Civil Code applies: 30 years or, with just title and good faith, 10 to 20 years. For possession that began after that date, the new Civil Code applies: 10 years (adverse possession outside the land register, Article 930) or 5 years (adverse possession based on a land register entry, Article 931). Please note: adverse possession based on a land register entry depends on registration having constitutive effect, which only applies once the cadastral survey of the locality has been completed (Article 56 of Law No. 71/2011). Until then, the 10-year adverse possession outside the land register generally applies.
Can any property be acquired by adverse possession?
No. Under the new Civil Code, the 10-year adverse possession outside the land register is only possible if the owner registered in the land register has died or, for a legal entity, has ceased to exist, if a waiver of ownership has been entered in the land register, or if the property was not entered in any land register (Article 930 of the Civil Code).
What does it mean for possession to be effective in law?
That you used the property as its owner, continuously, openly, without disturbance and unequivocally. This is usually proven through witnesses, evidence of paying taxes and utilities, and a topographical survey.
What happens after I win the case?
The final judgment recognising adverse possession is the title on the basis of which you register your ownership in the land register at the county cadastre office (OCPI).
