Blog

Uninterrupted autonomous possession of real estate for specified time by a person who is not its owner leads to its prescription. Prescription is one of methods of acquiring a real estate, which is anticipated by the Civil Code, and which is legally effective upon the last day of due date specified by law. A period of time required for prescription is 20 years of uninterrupted possession in good faith and 30 years in bad faith. Expiration of the aforementioned due dates results in legally binding acquisition of a real estate by its possessor, and court order only confirms this fact. An autonomous possessor of real estate is a person (individual, legal entity or legal entity without a corporate status) who uses it as an owner and, opposite to a dependent possessor, does not hold rights to real estate as a user, tenant, lessee, etc. If a person has possessed a given real estate believing to be its property it is possession in good faith. Whereas, if a person uses a given real estate with knowledge that it is not its property it is possession in bad faith. Hitherto prevailing owners of the real estate prescribed are the participants of the proceedings. Although acquisition of a real estate is subject to law, a declaratory court order is needed, which ascertains such a fact and which is issued by a civil court in non-litigation proceedings upon the application of an acquirer of a real estate. In practice, proceedings concerning acknowledging prescription are long-term, monotonous and difficult. Frequently, it is connected with necessity of settling a legal status of real estate which has not been settled for dozen years, or it is necessary to reconstruct missing acts of mortgage and land register. It is often difficult to demonstrate uninterrupted period of using real estate or being a possessor in good faith. Experience and persistence of the team of Duraj & Reck and Partners Law Office enables effective conducting of cases concerning prescription of real estate and obtaining decisions which are advantageous for the client. Knowledge and skills of members of our team of lawyers in connection with a detailed actual state of an affair allow for assessing chances for obtaining a positive result of the case in advance and for preparing an appropriate strategy of activities.