Steps to initiate an adverse possession process

To initiate an adverse possession process in Portugal, it is necessary to follow some fundamental steps that involve preparing documentation and complying with legal requirements. Here is a guide to the initial steps you should follow:

Initial Steps to Initiate an Adverse Possession Process

1. Gather Supporting Documentation:

   • Proof of Possession:

     Collect all documents that prove continuous and peaceful possession of the property. This may include utility bills, lease contracts (if applicable), and witness statements that can attest to your possession of the property.

   • Witnesses:

     It is important to have witnesses who can confirm your possession of the property for a continuous and uninterrupted period.

2. Legal Consultation:

   • Lawyer:

     Consider consulting a lawyer specialized in real estate law to ensure that all legal requirements are being met and to obtain guidance on the process.

3. Adverse Possession Deed:

   • Notary:

     Request the issuance of an adverse possession deed through a notary. This document formalizes the request for recognition of ownership by adverse possession and is essential for the process.

4. Legal Action:

   • Court:

     In some cases, it may be necessary to file a legal action for adverse possession to be legally recognized. This is especially important if there is contestation of possession.

5. Property Registration:

   • Registration:

     After obtaining the adverse possession deed, you must register the property in the Property Registration to have possession legally recognized.

Important Considerations

• Animus Domini:

  You must demonstrate that you have animus domini, that is, that you have acted as if you were the owner of the property, taking care of it and assuming responsibilities as such.

• Peaceful and Uninterrupted Possession:

  Possession must be peaceful, without opposition from third parties, and uninterrupted during the period required by law.

By following these steps, you will be on the right path to initiate an adverse possession process and potentially acquire ownership of the property in question.