Concept in Definition ABC

In the field of real estate, there are different situations that have to do with who owns in fact or from right a property, for which there are different explanations or justifications for each case. A special case is one that is known as usucapion and whose final objective is to close a situation of doubt or of uncertainty about owning real estate such as a house, a factory, a Department or an entire building.

Usucaption can be defined as the right granted to an individual or a group of individuals to possess the property. real estate that they inhabit that, despite not being their property and having a real owner, have inhabited for a long time done. Thus, usucapion seeks to resolve a situation of conflict that is not easy to solve: when a house or property is inhabited by someone who is not its legal owner, who owns if the house or property building Has it been abandoned, neglected or unclaimed by the owner for a long time?

The figure of usucapion is very important for several reasons. On the one hand, it allows the inhabitants or users of a real estate space to own it due to their presence in fact and over time in the place. On the other hand, it facilitates the resolution of pending issues in this regard in specific cases such as, for example, the death of the original owner, the lack of claim on the property, the

abandonment of the same, etc. For the Justice, the figure of usucapion aims to grant rights to those people or groups of people who have used for their benefit the property while it has not been claimed for a long time by anyone in particular.

An interesting fact in this sense is that the usucapión privileges or prioritizes the effective action of those who occupy the property (who are considered to do so out of necessity, urgency or benefit such as when a factory is abandoned and retaken or rehabilitated by its workers) against the inertia or inactivity of the person who is considered a taxable person, that is, the owner of the right who has not reclaimed. The usucaption does not give rise to clandestine or bad faith occupations on the property, but in the case of proving good faith and necessity, the property then passes into the hands of the person who has effectively occupied it over a long period of time, even without having the title of property. possession.

Topics in Usucapión