Can you claim land if you maintain it?

Indigenous and tribal peoples’ rights over their ancestral lands and natural resources.

Guide to civil, commercial, criminal, administrative and labor time limits: we recommend this compilation of more than 2,200 procedural and substantive time limits of the four jurisdictional orders, published in January 2020, an essential work for all lawyers!

All the things that are in the commerce of men are susceptible of prescription, that is to say, those that are object of traffic or commerce, having to exclude everything that is not susceptible of appropriation, and what being it cannot be object of the traffic for prohibiting it a norm.

– Usucapion against the Registry or Usucapion against tabulas, which is the acquisition of the domain by someone who is not initially the owner of the same by continued possession, against what is registered in the Property Registry. It is necessary to take into account the recent Judgment of January 21, 2014, which establishes the doctrine in relation to the usucapion “contra tabulas”, declaring that this matter is governed by the provisions of art. 36 of the Mortgage Law, as opposed to the provisions of art. 1.949 CC, which must be understood as repealed.  This resolution, which establishes a “new regime”, totally different from the previous one as far as the position of the “third party mortgagee” is concerned, has already been analyzed in another post.

How can I appropriate an abandoned land?

There is a lawsuit called acquisitive prescription, which is a means to acquire a property by the passage of time; however, there are several requirements that must be met in order to file a lawsuit of this type: Possession is acquired as owner by an irregular sale or donation.

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How many years do you have to live in a house for it to be yours?

In order to become an owner it will be necessary, among other requirements, to have a fair title, good faith and to possess the property as owner for at least 10 years, which in some cases may amount to 20 years.

What is the right of possession of land?

– It is the legal institution that allows the owner who lacks a written title of ownership, to be accredited in the possession by means of the due inscription in the Public Registry of Property, previously justifying his possession.

How many years do I have to live in a house for it to be mine in Argentina?

To get human beings to set foot on Mars. This is the great objective that the main space agencies worldwide have set themselves. NASA is working on it, although still without a plan or definite dates (which has brought them a lot of criticism) and even the goal of achieving it in the 2030s seems too difficult. The European ESA was considering similar dates for its Aurora mission, but has ended up aiming further ahead. Meanwhile, China and Russia do not want to be left out either and remain among the most optimistic.

In 1967, in the middle of the space race between the United States and the Soviet Union, the main countries of the world (including them, what is now Europe, Japan and China, among others) signed the Outer Space Treaty at the UN, a first approximation to an international legislation designed to be in force in space. Today, 110 countries are part of it and it is not just paperwork: it was the reason why the Curiosity Rover could not take samples of what is believed to be the remains of salt water on Mars.

What happens if I encroach on a piece of land?

The invasion of property is a crime called dispossession and is punishable by imprisonment, so you can go to the authorities to report this crime; however, the recovery of the property will involve carrying out a trial that may take time, besides being costly because you will have to pay the fees …

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How many years must pass to own land?

real estate is prescribed in: five years, when it is possessed as owner, in good faith, peacefully, continuously and publicly.

What if I have been living in a house for 20 years?

You can file a usucapion lawsuit. Usucapion is the civil law institution by which a person who has possessed a piece of land, a house or an apartment for a certain period of time established by law, is rewarded by being made owner of it.

How to appropriate an abandoned land

If it is an easement of way of continuous use for all the needs of the property to which it serves as a passage (called dominant property) so that it really creates a permanent way, the compensation will consist of the value of the land that is occupied and the amount of the damages that are caused in the property through which it passes (called servient property).

When it is limited to the necessary passage for the cultivation of the property between others and for the extraction of its crops through the servient estate without permanent way, the compensation will consist of the payment of the damage caused by this encumbrance.

If a farm is acquired by sale, exchange or partition, and the farm is located among others belonging to the seller, exchanger or co-participant, the latter are obliged to give way without compensation, unless otherwise agreed.

What happens when a tenant has been a tenant for more than 10 years?

After 10 years, the tenant may disregard the oral lease, and the landlord will have to prove that the person claiming possession occupies the property as a tenant, which will be difficult if there is no written lease.

How is possession acquired?

Possession is a power that people have over a good or right and by virtue of which they can execute material acts over them. … Possession may be acquired by virtue of a lawful act or fact, such as a bailment contract, or unlawful, as in the case of the crime of plundering.

That it is possible to fix land without deeds?

If the land is private property, the first thing to do is to find out who is or was the owner and how the land came into the hands of the seller. If a property does not have deeds, a certified copy can be requested from the General Archive of Notaries and with them the purchase and sale can be made.

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It is possible to close a right of way easement

The usucapion being a different way of acquiring a house has also a different tax treatment. Because the first difference is that the usucapion is not a transmission, but a way of acquisition.

In the Tax on the Increase in the Value of Urban Land, also called municipal surplus value, exactly the same thing happens, given that in the absence of transmission the taxable event does not occur, being the usucapion not subject to this tax, Salcedo stresses.

The same would happen in the municipal capital gains tax, computing the period of generation of the increase in value, in view of a future transfer, from the day on which, due to compliance with the civil terms, the property was acquired by usucaption.

The pandemic has introduced new factors when looking for housing. One of them is space. It is becoming more and more common to telecommute at home, if not 100% of the time, then in a hybrid system: some days at home, others at the office. For this reason, some people are looking for a property with more than three rooms. Read more