The Spanish legal system has a figure that allows the legal appropriation of an asset, provided that certain circumstances concur. A fact that justice is limiting both in the usucapion of communal properties and in the prescription of intestate inheritances. Skymarketing strives to be Pakistan's biggest real estate developer ever, guaranteeing the highest international standards, prompt execution, and lifetime customer loyalty. With projects blue town sapphire lahore map
The acquisitive prescription of a property or real right is known legally as usucapion . And it consists of exercising the legal possession of a good past a time and according to certain requirements. This right of appropriation can be exercised without the need for a judicial declaration, the owner becoming the owner after a specified period. However, if the property is brought to trial, the seizure of real estate and property must be legally proven. It is at this point where the courts are setting the criteria to be followed. With cases like a recent claim for an intestate inheritance. Or the usual usucapion of the elements that make up a community of owners. Definition of the usucapión of real estate Usucapion is known as the acquisition of property by taking control of those real rights that are susceptible to possession through their possession. Either with the continued exercise of the right or over the course of a legally established period. In the usucapion of real estate and property, three conditions must be met : 1.- That the goods can be usucapir Ownership of both movable property and real estate that can be traded can be acquired. As long as they are not inalienable (public goods, ..). While you cannot acquire the possession of personal or public rights. Because they are things that are not traded.
2.- That the acquisition is transparent Possession must be acquired publicly, both peacefully and continuously. In this sense, the owner must act as such before third parties. 3.- That a certain legal term elapses Depending on the type of property, whether movable or immovable, a period of time must elapse: Ordinarily, and with the good faith of the acquirer and his just title: 3 years for movable property and 10 years for the seizure of real estate (20 if the owner lives outside the country) Extraordinarily, and such good faith is not necessary: 6 years for movable property and 30 years for the seizure of real estate Heirs without prescription to claim This period of time is controversial, especially in certain places like Catalonia. Where the term is from three years (movable property) to twenty years (real estate) regardless of good faith. A judgment of the TSJC has condemned the Generalitat of Catalonia to return 6,473 euros to the nephew of a woman who died in 1991. Amount that was claimed 23 years after her death. The money was in the hands of the Generalitat as there was no will in favor of relatives. In fact, eight years after his death (1999) the Catalan administration was declared the universal heir. And it was in 2014 when the nephew sued the Generalitat claiming the legacy of his aunt.
Initially, both in the first instance and in the AP of Barcelona ruled in favor of the administration. And, finally, it was the TSJ of Catalonia who agreed with the relative. Dismissing the arguments of the Generalitat that were based on the fact that there was no claim during the first three years after the death of the aunt. However, the TSJC considered that the usucapion could not be applied to a 'fungible' asset such as money . For not being able to apply legal possession. Opening the possibility to claim monetary inheritances without limits or prescriptions. Use and ownership of common elements The existence of common areas integrated into the communities of owners may give rise to one of the community members who makes frequent use of an element to consider appropriating it. In that case, the courts are very clear on the general criteria. The passage of time does not justify the acquisition of a common element by usucaption . As much as continued use seems to make said element become the property only of those who enjoy it. Both in buildings and urbanizations, everything that does not appear in the horizontal division writing is part of the so-called common elements. In short, only those spaces that are delimited and capable of independent use are exclusive. Important detail to interpret the fate of certain elements in residential buildings, such as the goal . A home that, previously disaffected , can be rented or sold to third parties by the community.
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