Argentina Acquisitive Prescription

Argentina Acquisitive Prescription

Argentina Acquisitive Prescription

Argentina Acquisitive Prescription

To begin with, the manner of acquiring property by a long, honest, and uninterrupted possession or use during the time required by law. In general, it is a method of acquiring property by meeting Civil Law requirements of continuous possession, which vary by country. In addition, the possession must have been long, continued, peaceable, and without lawful interruption. For instance, in order to evolve into ownership, possession must be in the role of an owner, public, peaceful and uninterrupted.

If I rent the property for a long time, could I eventually acquire it by acquisitive prescription?

Actually, the answer is no. As a matter of fact, the mere possession by legal title, such as by a trustee, a lessee, an agent or a pledgee, not being in the role of an owner, cannot evolve into ownership by acquisitive prescription unless the legal relation is first expressly repudiated and such repudiation has been communicated to the other party. Additionally, possessory acts due to license or by mere tolerance of the owner would likewise be inadequate. On the other hand, possession, to constitute the foundation of a prescriptive right, must be adverse; if not, such possessory acts, no matter how long, do not start the running of the period of prescription.

Argentina Acquisitive Prescription. Possession of land for a period of time.

Acquisitive Prescription in Argentina is the process of acquiring rights and in particular, obtaining a good title to land as a result of the passage of time. Similarly, the reasoning behind this is that a person who has enjoyed “quiet and uninterrupted” possession of land for a long period of time with a registered title -or not- should be granted a right to it.

In conclusion, we rely on an extensive network of local attorneys. In fact, below you can see all the legal jurisdictions where we provide legal assistance in Argentina.

 

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