The owner's prescription. Another innovation of DL 1595.

1,195 views

Alan Pasco Arauco

Published on Aug 9, 2024
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Is it possible for someone who already has a property title (whose validity or effectiveness is not in question) to request acquisitive prescription of ownership (PAD)? In my opinion, there are three types of PAD taking as a reference the function that it is intended to fulfill: 1) PAD to “acquire” (in the strict sense) the property: it is regulated in the Civil Code in its two variants: a) long or extraordinary prescription; b) short or ordinary prescription. 2) PAD to regularize the successive registry tract or (in simple words) to be able to register the property right in the Registry. 3) PAD as proof of ownership. In this video I focus on PAD 2. At the jurisprudential level, there are cassation rulings that recognize the PAD in its second function; the problem is that there are very few rulings, there is no uniformity of criteria and in many cases this PAD 2 ends up being confused with the short PAD. Fortunately, DL 1595 brings interesting innovations. One of them is the possibility of prescribing between (versus) co-owners, which I already had the opportunity to discuss in a previous video ( • Prescription between co-owners? S... . The other is the authorization for the owner (with a valid and effective title of ownership) to request the Notary for the PAD in its variant 2. Then, thanks to DL 1595 (once it comes into force), the owner who seeks to access the Registry will no longer be exposed to the (changing) criteria of the judge on duty, but will have (now yes) full legal support to request the Notary to declare the PAD in his favor. In this 15-minute video I analyze each of these issues.

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