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Post by joita9865 on Oct 25, 2023 15:32:47 GMT 10
Only open possession, visible to the public, may lead to adverse possession. Decision of the Supreme Court of November , , ref. no. act II CSKP / In the light of Art. § and of the Civil Code, the conditions for acquiring the ownership right to real estate by adverse possession include: spontaneous possession, continuity of such possession and the passage of time, while good or bad faith affects the time after which the adverse possession takes effect. The effect of acquiring a subjective right through adverse possession occurs ex lege, is primary in nature, does not philippines photo editor require a court ruling, and any court ruling is declaratory in nature. Decision of the Supreme Court of September , , ref. no. act V CSKP / The subject of spontaneous possession leading to acquisition by adverse possession are only material things within the meaning of Art. of the Civil Code, which may be the subject of civil law transactions and individual possession real estate and movable property. Adverse possession of real estate – summary To acquire ownership of real estate by adverse possession, it is important to meet two conditions, i.e. spontaneous possession and the passage of time or years . In turn, the good faith of the holder is only important in that it shortens the period of adverse possession from to years. However, it should be remembered that in the scope of acquiring the right to ownership of a thing, it is spontaneous possession.
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