Acquiring ownership by possession requires the exercise of actual control over property for the period prescribed by law, with the intention of holding it as one\u2019s own. Possession must be open and continuous. Under the statutory presumption in Article 69 of the Property Act, the possessor holds the property as their own unless it is proved that they hold it for someone else. Legal scholarship and case law consistently distinguish possession from mere holding where actual control was obtained on a specific contractual basis to hold for another. That basis rebuts the presumption under Article 69. A holder may change their intention and begin to possess the property as their own, but that change must be manifested openly and unequivocally to the owner and proved in the proceedings. Otherwise, however long control continues and whatever the holder may privately intend, it cannot lead to acquisition of ownership by prescription. Only where the owner\u2019s residence is unknown, or the owner has left the country, has not returned and has shown no interest in the property, without the prolonged absence being due to objective circumstances beyond the owner\u2019s control, does the prescriptive period begin when the change of intention is manifested by acts perceptible to anyone, provided possession remains open throughout the period. See the following decisions of the Supreme Court of Cassation: Judgment No. 270 of 20.05.2010 in civil case No. 1162\/2009; Judgment No. 291 of 09.08.2010 in civil case No. 859\/2009; Judgment No. 12 of 19.02.2014 in civil case No. 1840\/2013; Judgment No. 115 of 28.10.2016 in civil case No. 977\/2016; the judgment in civil case No. 1840\/2013; Judgment No. 115 of 28.10.2016 in civil case No. 977\/2016; Judgment No. 70 of 16.08.2017 in civil case No. 3991\/2016; and the reasons for Interpretative Decision No. 1\/2012 of the General Assembly of the Civil Chambers, among others.<\/p>\n
This article is not a legal opinion or legal advice about any particular person or situation. For assistance with a specific case, consult a lawyer practising property law if the case concerns real property.
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