Adverse Possession in Argentina (Usucapión)

By Sebastian LIMERES, Argentine Lawyer – Practical and Legal Explanation

Visit Limeres.com or Contact Us through WhatsApp:

wa.me/+5491141620021 and/or wa.me/+19257918555

1. Introduction

Adverse possession, known in Argentina as “usucapión” or “prescripción adquisitiva”, is a legal mechanism through which a person who possesses a property for a certain period of time may acquire ownership, even without holding a formal deed. This institution is deeply rooted in civil law tradition and is regulated primarily by the Argentine Civil and Commercial Code (Código Civil y Comercial de la Nación – CCCN).

In practice, usucapión serves an important social and economic function: it regularizes long‑standing possession, gives legal certainty to occupants, and prevents land from remaining idle or abandoned.

This article explains in detail what adverse possession is in Argentina, its legal basis, requirements, types, judicial process, evidence, defenses, risks, and practical considerations for both possessors and owners.

2. Legal Framework in Argentina

Adverse possession is regulated mainly by:

Articles 1897 to 1905 CCCN – Possession and prescription.
Articles 1907 to 1916 CCCN – Acquisitive prescription.
Procedural rules of each province (Código Procesal Civil y Comercial).

The CCCN recognizes that ownership can be acquired not only by contract, inheritance, or registration, but also by continuous possession over time under specific legal conditions.

The core idea is simple:

Whoever behaves like an owner for a long enough period, in a public, peaceful, and uninterrupted manner, may become the owner.

However, in practice, the process is complex and requires judicial validation.

3. What Is Possession?

Before understanding adverse possession, we must define posession (posesión).

Under Argentine law, possession exists when a person:

Exercises physical control over a property, and
Acts with the intention of behaving as owner (animus domini).

This is different from mere tenancy, loan, or permission. A tenant does not possess as owner; they recognize someone else’s title.

For usucapión, possession must be:

Public – visible to society.
Peaceful – without violence.
Continuous – not sporadic.
Uninterrupted – no legal interruption.
With animus domini – acting as true owner.

4. Types of Adverse Possession in Argentina

Argentine law recognizes two main types of acquisitive prescription:

A. Ordinary Adverse Possession (Short Term)

Requirements:

10 years of possession.
Good faith.
Just title (a defective deed, invalid sale, etc.).

This applies when the possessor believed they were the owner and had some written instrument, even if legally flawed.

Example: Someone buys a property with a private contract that later turns out to be invalid. If they possess for 10 years in good faith, they may acquire ownership.

B. Extraordinary Adverse Possession (Long Term)

Requirements:

20 years of possession.
No need for title.
No need for good faith.

This is the most common form in Argentina. It protects long‑term occupants even when they originally knew they had no deed.

Example: A family occupies land, builds a house, pays taxes, and lives there for over 20 years without interruption. They may claim ownership through usucapión.

5. Time Calculation

Time is counted from the moment possession starts with animus domini.

The period may be:

Added (tacking) between predecessors and successors.
Interrupted by:
- Judicial claims by the owner.
- Recognition of ownership by the possessor.

Simple presence is not enough; the possession must maintain its legal quality throughout the period.

6. Acts That Demonstrate Ownership

Courts analyze behavior. Common indicators include:

Building on the land.
Fencing.
Paying property taxes (ABL, inmobiliario).
Utility bills.
Improvements.
Leasing to others.
Defending possession against third parties.

The possessor must show they acted exactly as an owner would.

7. The Judicial Process of Usucapión

Ownership is not automatic. It must be declared by a judge.

The process includes:

Filing a lawsuit for prescripción adquisitiva.
Identifying the registered owner.
Publishing edicts.
Offering evidence.
Inspection by the court.
Final judgment.
Registration of the judgment in the Property Registry.

Only after registration does the possessor become legal owner.

8. Evidence in Adverse Possession Cases

Typical evidence includes:

Witness testimony.
Tax receipts.
Utility bills.
Cadastral plans.
Photos.
Expert reports.
Neighborhood testimony.

The burden of proof lies with the possessor.

9. Defenses Available to the Owner

Registered owners may stop usucapión by:

Filing eviction or recovery actions.
Proving interruption.
Showing lack of animus domini.
Demonstrating permission, lease, or loan.

Many claims fail because possession was tolerated, not adverse.

10. Special Situations

A. State Property

Public domain property cannot be acquired by usucapión.

B. Condominiums

Co‑owners require stronger proof to usucapt against each other.

C. Rural Land

Often used in agricultural conflicts with long‑term occupation.

D. Inheritance Conflicts

Heirs occupying property without formal succession may later claim usucapión.

11. Risks and Common Mistakes

Believing time alone is enough.
Not documenting possession.
Confusing tenancy with ownership.
Not filing judicially.

Usucapión is evidence‑heavy and procedural.

12. Practical Advice

For possessors:

Keep every document.
Pay taxes.
Avoid recognizing third‑party ownership.
Consult a lawyer early.

For owners:

Monitor your property.
Act quickly against occupants.
Interrupt possession legally.

13. Conclusion

Adverse possession in Argentina is a powerful legal tool designed to balance formal ownership with social reality. It rewards long‑term, peaceful, and public possession, but requires judicial recognition and solid evidence.

Whether you are an occupant seeking regularization or an owner protecting your title, understanding usucapión is essential in Argentine real estate law.

Professional legal guidance is always recommended, as each case depends heavily on facts, evidence, and procedural strategy.

Adverse Possession in Argentina (Usucapión) – Legal Guide”