ASSIGNMENT

Assignment 'Property Law'

Assignment 'Property Law'

The local residents group, are concerned that Charlie is trying to claim title to the land through adverse possession. Advise the residents, with reference to relevant case law and statute, as to whether Charlie has a good case. The land in question is registered.

According to the adverse possession law, the time required for the adverse possession are: For real estate: 20 years for real property acquired in good faith by those who owns it, but by virtue of a suitable title to transfer ownership and who has been duly transcribed: 10 years from the date of the transcript. For the universality of movable property: 20 years. For goods bought without a suitable title and held in good faith: 10 years. For goods bought without a suitable title and possession in bad faith: 20 years. For movable property recorded in public records acquired in good faith by those who owns it, but by virtue of a suitable title and who has been duly transcribed: 3 years from the date of the transcript. For movable property recorded in public registers, when missing at least one of the conditions just mentioned: 10 years. Article 1159 has introduced special rules for small funds and funds rustic mountain cottages with outbuildings: the twenty-year adverse possession is accomplished in 15 years, one year in 5 years (so-called special adverse possession). The Civil Code includes the mode of acquisition by adverse possession of property after possession of peaceful non-violent and continuous movable or immovable property for a time period of at least twenty years. After this period, the court finds the actual possession of the property, and decreed the transfer of ownership. It is irrelevant to the effects that have either good or bad faith. This circumstance can only influence on the duration of the possession necessary for the adverse possession. It should, however, that the possession and enjoyed the sunshine, if possession has been obtained by force or in a clandestine manner, the time required for adverse possession begins to run only when it is stopped by violence or clandestinely. It is crucial, however, distinguish between possession by possession in the first case the object is held in custody only, behave, that is, not as if you were the owner of the property and, therefore, this is not from the beginning of any cycle of adverse possession. Possession is to be, for the article 1158, a continued possession. Here we must consider the general principle that possession is awarded mood, but keeps only soul. For termination of possession to the individual, the article recalls the 1165 rules on interruption of prescription; they are consistent with the adverse possession. Therefore, the adverse possession is interrupted by the act under which the owner acts in judgment against the owner to recover possession of the thing and the acknowledgment by the owner of the rights of others, but not by the court formal notice of the owner. The law states that, if you owned the ...