Key Legal Requirements
To be legally recognized as the owner, you must demonstrate "actual possession" of the property. This possession must be:
- Continuous: Uninterrupted for the entire statutory period.
- Open and Peaceful: Exercised publicly (not in secret) and without legal disputes from third parties.
- Intentional: You must have acted as the sole owner (e.g., maintaining the property, paying taxes/utilities).
Statutory Timeframes
The required duration of possession depends on the nature of the claim:
- 5 Years (Good Faith Possession): Applies if the possessor acquired the property based on a legal act (like a contract) without knowing the seller wasn't the rightful owner.
- 10 Years (Bad Faith Possession): Applies when there is no formal legal basis for the possession.
The Notary Process
The procedure is handled by a local notary and involves several steps:
- Application-Declaration: The claimant files a formal request describing the property and the history of its use.
- Witness Testimony: Three witnesses (usually neighbors) are interviewed by the notary to verify that the claimant has occupied the property for the required 5 or 10 years.
- Title Deed Issuance: If the requirements are met, the notary issues a Declaratory Title Deed, which is then officially registered.
Critical Note: The Risk of Legal Challenges
It is important to understand that a title deed issued through this process can be challenged in court. If a former owner or their heirs can prove that the possession was interrupted or contested, a judge may annul the deed.