To claim ownership by adverse possession in Portugal, it is necessary to comply with certain legal requirements stipulated by the Civil Code. Adverse possession is a process that allows the acquisition of ownership through continuous, peaceful, and uninterrupted possession of a property for a certain period of time. Here are the main requirements:
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Continuous and Uninterrupted Possession:
The possessor must maintain possession of the property continuously and without interruptions during the period required by law.
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Peaceful Possession:
Possession must be exercised without opposition from third parties, that is, peacefully.
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Exclusive Possession:
The possessor must have exclusive possession of the property, without sharing it with others.
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Possession Period:
The period necessary to invoke adverse possession varies depending on certain factors:
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With acquisition title and registration:
If the possessor is in good faith, the period is 10 years; if in bad faith, it is 15 years.
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Without acquisition title, but with possession registration:
The period is 5 years for good faith and 10 years for bad faith.
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Without acquisition title and without possession registration:
The period is 15 years for good faith and 20 years for bad faith.
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Legal Capacity:
The possessor must have legal capacity to acquire ownership through adverse possession.
To claim ownership by adverse possession in Portugal, you must follow a set of steps and gather the necessary documentation to formalize the process. Here are the main steps you should follow:
Steps to Claim Adverse Possession
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Gather Documentation:
It is essential to gather documents that prove continuous and peaceful possession of the property. This may include:
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Purchase and sale contracts, donation or inheritance, if they exist.
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Proof of payment of taxes related to the property.
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Testimonies from neighbors or others who can attest to peaceful and continuous possession.
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Adverse Possession Deed:
Request an adverse possession deed through a notary. This document formalizes the request for recognition of ownership by adverse possession. During this process, you must declare that you are the possessor of the property and explain the reasons that prevent you from proving ownership by normal means.
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Property Registration:
After obtaining the adverse possession deed, you must proceed with registration of the property in the Property Registration. This step is crucial for ownership to be legally recognized as yours.
Important Considerations
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Good Faith vs. Bad Faith Possession:
The time necessary to invoke adverse possession varies according to the good or bad faith of the possessor. In general, good faith possession requires a shorter period (10 years with title and registration, 5 years without title but with registration), while bad faith possession requires longer periods (15 years with title and registration, 10 years without title but with registration). -
Leased Properties:
It is not possible to invoke adverse possession over properties that are under a lease contract during its validity, as the lease relationship prevents the possession necessary for adverse possession.
By following these steps and complying with legal requirements, you can formalize the adverse possession process and acquire ownership of the property in question.