HCCJ. Short-term usucapion. Conditions of fair title

The High Court of Cassation and Justice decided that in order to fulfill the conditions of short-term usucapion, provided at art. 1895 of the old Civil Code, it is necessary that the fair title to emanate from a person other than the rightful owner, because if it comes from the true owner it would be enough through itself to lead to the acquiring of property without the need for any passage of time. In this case, however, the appellant – applicant invoked as fair title a minutes ended with Bucharest Municipality, document that is not related to the land in question, but to an apartment from the building and is not an ownership transfer act anyway so it can not be qualified as a fair title for acquisition of ownership through the 10 year usucapion. (Decision no. 3475 of 7 November 2014 rendered by the Second Civil Division of The High Court of Cassation and Justice covering finding acquisition of the right of ownership by usucapion)

:: The source: JURIDICE.ro

Anda Laura TĂNASE

Related posts