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How to contest an adverse possession claim?

Apr 01, 20262 min read

To contest an adverse possession claim in Portugal, it is necessary to follow a set of legal steps aimed at demonstrating that the requirements for adverse possession have not been met. Here are the main steps to contest adverse possession:

Steps to Contest Adverse Possession

  1. Gathering Evidence:

    • Documentation:

      Gather documents that prove that possession was not continuous, peaceful, or exclusive. This may include records of interruptions in possession or opposition by the original owner.

    • Witnesses:

      Obtain testimonies from witnesses who can confirm that possession was not exercised continuously or peacefully.

  2. Legal Consultation:

    • Specialized Lawyer:

      It is crucial to consult a lawyer specialized in adverse possession to obtain guidance on how to proceed with the contestation. A lawyer can help assess the validity of the adverse possession claim and prepare an adequate defense.

  3. Legal Action:

    • Impugnation:

      Initiate a legal action to impugn the adverse possession. This legal process aims to demonstrate that the legal requirements for adverse possession have not been met and that possession was not exercised in accordance with the law.

    • Evidence in Court:

      Present all evidence gathered to demonstrate that possession was not continuous, peaceful, or exclusive.

  4. Revocation of Adverse Possession Deed:

    • If there is already an adverse possession deed, it may be possible to revoke it if you can prove that possession did not meet the legal requirements, or that there were irregularities, such as the use of illicit means to acquire possession.

Important Considerations

  • Legal Requirements:

    Adverse possession is only valid if possession is continuous, peaceful, and exclusive for a period of time specified by law. Any interruption or contestation during this period can invalidate the adverse possession.

  • Legal Capacity:

    The parties involved must have legal capacity to participate in the adverse possession process, both to claim and to contest possession.

Contesting adverse possession can be a complex process and requires a detailed understanding of legal requirements and the evidence necessary to demonstrate that possession was not exercised in accordance with the law.