Can I appropriate of the property without living in it?

Usucaption is one of the oldest means of acquiring ownership of property. It finds its historical roots in Roman Law, with the Law of the XII Tablets. However, many people wonder whether it is possible to usucapture a property without living in it, as in the case of renting out the property you own to third parties. The answer is yes, but there are important conditions for this.

Ownership and possession: essential differences

First of all, it is essential to understand the difference between ownership and possession:

• Ownership: This is the full right over the property. Owners can use it, enjoy it, dispose of it and reclaim it from third parties. Property can be acquired by purchase, donation, inheritance or usucaption, among other means.

• Possession: This is the de facto relationship that a person establishes with the property, regardless of whether or not they are the owner. The possessor can use the property as if it were their own, but without the title deed.

Do I need to live in the property to usucapir?

No, living in the property is not a mandatory requirement for adverse possession. What is required, according to the legislation, is that the possessor exercises their possession continuously, without interruption, and without opposition, in other words, in a tame and peaceful manner.

Those who rent the property or lend it to third parties continue to exercise indirect possession, while tenants or lenders exercise direct possession. Both situations may, in theory, allow usucaption.

For example, if the owner receives rent from the property, they are exercising one of the powers of ownership, which is to make economic use of the asset. This relationship does not prevent usucaption. In the same sense, if you lend a property to a friend or relative to live in, you still have indirect possession.

Legal requirements

Depending on the type of adverse possession, the requirements vary. However, the general elements include:

• Continuous possession: Uninterrupted over a period established by law (which can vary between 2 and 15 years, depending on the type of adverse possession);

• Unopposed possession: The possessor cannot face disputes over possession during the required period;

• “Animus domini": Clear intention to own the property.

In the case of extraordinary adverse possession, for example, there is no requirement for the possessor to reside in the property. However, in specific situations, such as the reduction of the time limit for this type of usucaption to 10 years (art. 1.238, sole paragraph, of the Civil Code), it is necessary to prove that you live on the property or have carried out productive work.

Therefore, it is possible to usucapion without living on the property, as long as the possessor complies with the legal requirements and demonstrates continuous, tame and peaceful possession. Each type of usucaption has its own peculiarities, which is why it is essential to have the help of a specialized lawyer to ensure that the entire process is conducted correctly. After all, the right to property, even when acquired through adverse possession, requires respect for the rules laid down by law.