Adverse possession in Portugal is a legal process that allows the acquisition of ownership through continuous, uninterrupted, and peaceful possession of a property, whether movable or immovable, for a period of time determined by law. This concept is regulated by the Portuguese Civil Code, specifically in article 1287, which establishes that prolonged possession can lead to the acquisition of the right of ownership or other real rights over the property.
Requirements for Adverse Possession
For adverse possession to be recognized, it is necessary to comply with some requirements:
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Continuous and uninterrupted possession:
The possessor must maintain possession of the property continuously and without interruptions.
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Peaceful possession:
Possession must be exercised without opposition from third parties.
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Owner behavior:
The possessor must act as if they were the legitimate owner of the property.
Deadlines to Invoke Adverse Possession
The deadlines to invoke adverse possession vary according to the good or bad faith of the possessor and the existence of an acquisition title:
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With acquisition title and registration:
If the possessor is in good faith, adverse possession can be invoked after 10 years. In case of bad faith, the period is 15 years.
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Without acquisition title, but with possession registration:
Adverse possession occurs after 5 years of good faith possession or 10 years of bad faith.
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Without acquisition title and without possession registration:
Adverse possession only materializes after 15 years of good faith possession or 20 years of bad faith.
Limitations
It is not possible to invoke adverse possession in leased properties while the lease contract is in force. The lease relationship establishes rights and obligations that are not compatible with the possession required for adverse possession.
Adverse possession is, thus, an important mechanism in Portuguese law that allows regularizing situations of prolonged possession, conferring legal security to possessors who meet the legal requirements.