Usucapion: A Comprehensive Guide to Acquiring Property Rights
Usucapion: Acquisition by Prescription
Section 1930.1 of the Civil Code (CC)
This section states that ownership and other property rights can be acquired through usucapion, under the manner and conditions specified in the law. This means that the influence of time is not limited to the extinction of claims or rights that are unused for an extended period. It also serves to give birth to legal rights and situations that appear to belong to an individual, or at least exercised by them, but in reality, do not. Usucapion aligns this appearance with reality.
Usucapion is a way to acquire ownership originally, as the usucapiente (the individual acquiring the property) does not receive the right from a tradens (the previous owner), even in cases where they contract with a non-dominus (someone who is not the rightful owner) and receive possession. This original condition is noteworthy because the usucapiente does not receive a property free of encumbrances. They begin to usucapir something that belongs to another, and regardless of how their relationship with the property began, they cannot avoid the charges, conditions, or reasons for termination associated with it. Ultimately, the usucapiente acquires the property originally, but not as a res nullius (a thing without an owner). They do not derive their title from the real owner but acquire the right to the thing as delimited by the title (Lacruz Berdejo).
Professor Juan Antonio distinguishes ordinary usucapion, which requires a just title, from extraordinary usucapion, which does not require a just cause and is considered as originating.
The Effects of Usucapion
There is debate surrounding whether the effects of usucapion are automatic or require an act of will on the part of the usucapiente. This discussion stems from two facts: first, usucapion cannot be automatically invoked by the courts but must be claimed by the possessor, and second, the acquired usucapion can be waived, as required by Article 1935. Therefore, the acquisitive effects are automatic but depend on the subject.
Acts of renunciation must come from individuals with the capacity to dispose of the property, meaning those from unemancipated minors or incompetent individuals are null. Despite validly waiving the usucapion, creditors and any other interested party (Article 1937) may make it prevail. This rule is similar to the subrogation action and, like it, rests on the general principle of Article 7 of the Civil Code.
Example:
- 1989: A claim is filed, interrupting possession.
- 1990: A trial is held, resulting in a sentence.
- Dismissing application: All the time is valid for usucapion purposes.
- Estimating demand: Only the time of ownership up to the demand is valid, which is available after the sentencing, but not the time between the notification of the application and the sentencing.
Tradition: Transfer of Property Rights
Definition
Tradition is the delivery of a thing that falls under property or another right, transmitted from one person to another. The shifting delivery of the thing can have multiple meanings:
Deposit Contract
Some articles refer to the displacement of the thing by Soria, but this does not signify tradition. Instead, it represents a material element constituting the deposit contract. Until the actual delivery occurs, the deposit contract is not complete. To restore the thing, it must be delivered, and in this case, the delivery does not have the character of tradition.
Presuppositions of Tradition
- The dominus verus (rightful owner) must be the one transmitting the right.
- A common desire to transmit and acquire, respectively, expressed in a contract (title-based causal transmission) is necessary.
- The delivery must have translational accuracy, meaning it must aim to convey the ownership of the property or real right in question, not merely possessory translation or any other purpose. (Rent is not tradition because it lacks translational order).
Effect of Tradition
Tradition transfers ownership or another transmissible right over a thing from one person to another. Without tradition, even when there is a holder, the purported purchaser of the property right will not be the owner but will only have the right to demand that the transmitted behavior ultimately results in the ownership or real right being transferred.
Classes of Tradition
Tradition can occur in various ways, and actual delivery is often impossible, requiring alternative types of delivery. These classes include:
A) Real Tradition
The thing is transmitted when placed in the power and possession of the recipient. This can occur physically or symbolically (material or symbolic tradition).
Material Tradition
This occurs when the thing is physically delivered, or when the purchaser exercises the powers typical of the property right holder they have acquired.
Symbolic Tradition
Without a relevant transfer of the material thing, the procedure manifests an irreversible intention to convey possession to the buyer (e.g., delivery of keys). When the transmittente places the title documentation evidencing actual legal ownership in the purchaser’s hands, the ownership is transferred.
B) Instrumental Tradition
This occurs under the execution of a public instrument, which holds significant practical importance. Article 1462.2 of the Civil Code determines that the purchaser becomes the owner independently of any other factor through the simple execution of a public instrument. However, this effect is not automatic and generally requires the parties’ agreement. The parties may exclude or defer the tradition effect, in which case the tradition will take place through other means, such as the delivery of keys. (This applies to agreements with reservation of title).
C) Traditio Brevi Manu
The transmittente does not need to deliver the thing to the purchaser because they already have power and possession. This is contemplated in the final paragraph of Article 1463 (e.g., a lessee buying the leased thing). It applies to both movable and immovable property.
D) Constitutum Possessorium
The transmittente has not yet provided the thing to the holder or owner, but they hold it by another title. This applies to both real estate and movable property.
E) Traditio Ficta or Simple Agreement
Article 1463 states that the delivery of movable property sold by their own accord shall occur if the thing cannot be moved at that moment. This applies only to movable things and represents the maximum degree of spiritualization of tradition. It holds significant practical importance, especially in commercial buying and selling.
F) Quasi-Tradition or Tradition of Rights
Articles 1464 and 1462.2 define this as putting the buyer in possession of the titles. It refers to possible real rights, excluding property on things because things are not well incorporated.
Loss and Extinction of Real Rights
Loss and Extinction
Real rights are lost by the individual who held them when they voluntarily or involuntarily cease to hold them. Loss is distinct from extinction. Extinction occurs when the holder loses a property right, but when they transfer it to another, there is no loss but extinction.
Causes of Extinction
- Destruction of the object of the right
- The thing ceasing to be commercially viable
- Renunciation by the holder
- Non-use
- Caducity (expiration)
- Prescription
- Consolidation (only the property right and its limitations remain)
- Expropriation
- Death (acquisition by the original owner if the rights are for life)