Every day the search for the requirements to initiate the Usucapión Trial throughout the entire Argentine Republic. And it is that, at present, there are many people who are interested in initiating these trials to obtain a good or even a property.
In fact, this is one of the legal forms more common for which lawyers are visited by many of their potential clients. Do you want to know more about the requirements to start the Usucapion Trial? Are you interested in knowing more about this legal procedure?
Then you should continue reading this article because you will find everything!
What is Usucapión
Before we can talk about the requirements to start the Usucapion Trial, it is important that first it is known what usucapion really is.
And this is one of the figures of law that longer has stayed an almost unchanged way from its moment of creation.
In fact, this word is a compound word coming from the dead language Latin, which comes from more than two thousand years ago, from the Roman Empire.
The words were usus capere, which does not have a literal translation but means become owner of something by continued use in a set time.
It is important to know this why today the usucapion remains the same both in its theoretical function and in actual use in Argentina.
And it is that this legal figure serves for a person can legally own something that you have been using for a set time.
In this sense, when speaking of «something», reference is made to movable or immovable property in an absolutely indifferent way, understandable as equals.
It is important to note that this is a figure that is based on the idea that the person has actually owned it.
What this means is that you have been doing a continued usufruct of the property on which he is waiting to make the judgment or usucapion.
At the same time, a special mention must be made of the figures of bad and good faith in the possession of this property.
The reason for this is that each of these has some characteristics that are noteworthy at the time of beginning with the particular usucapión.
In the event that it is possessed in good faith process times in general can be reduced, in bad faith it’s the opposite.
Requirements for the usucapion or acquisitive prescription of real estate
Once it is clear what usucapion is, it is possible start talking about the requirements to start the Usucapion Trial:
- The interested party must have possession as ownerThis means that the person must have the property in fact at all times.
- It is important to note that the possession of the good it must have been continuous, that is, the person has not abandoned it, and in a notorious way.
- In the event that continuous uninterrupted possession has been complied with, it is necessary to clarify that it must be in the time stipulated by law.
- This last point is important to highlight because this varies depending on whether some factors are correctly taken or on their total lack.
- In the event that the person has a fair title the period that you must wait while complying with the other requirements is ten years.
- If the person concerned it does not have the right title You must wait a period of twenty years in which you must meet the other requirements.
When the person already has all the prerequisites then they can start to put together the requirements to initiate the trial proper and as such.
In the event that you have no idea what are the requirements you need to start the trial here we tell you:
- Shall count with measurement plan of the property on which the judgment is going to be made, carried out by a professional authorized by the province.
- You will also have to have background study of the title of the domain, with emphasis on the cadastral condition of the property, made by an authorized professional.
- It is important that you carry a test that it has been constantly in the property, which may be the payment of taxes, eyewitnesses or improvements made.
Points to consider if you are buying a possession
In the event that you have all the requirements to initiate the Usucapion Trial, you may have the option of buy the property.
Before you decide to make this decision, it is important that have at certain certain points so you do not have any problems in the future.
It is that although it may sound easier to simply buy the property instead of going through a trial, may have problems.
In fact this is something that happens frequently in cases where the persons are considered to have the property in bad faith.
Of course it is important to note that this doesn’t always happen not in all cases as many people prefer to respect the sale of the property.
In the event that you do not know what points you should take into account when making the purchase of the property We will comment on them:
- First of all, it is only through the usucapion trial that you have the legal tools and you will be able to notarize the holder.
- Once you go to make the registration in the register of holders this does not give translational writing of the property, it only recognizes it as the owner.
- Like all lawsuits, usucapion It has a cost that you should take into account and make calculations about whether it is worth the purchase.
- It is important that get to know in depth the background of the holder, because in the case of having to make the trial, he will also have more reliable evidence.
- In the event that you decide to acquire possession based on the purchase, always remember that the owner can make a claim of the property.
- In the same way, it is important to comment that possessors in bad faith they may have bigger problems if the owner takes any legal action.
Usucapión trial, or acquisitive prescription
So far we have talked a lot about the requirements to start the Usucapion Trial but we have not mentioned anything about the trial itself.
And is that the issue of usucapion at present is something that you have to misinterpret confusing it with one of the bureaucratic procedures.
But the truth is that it has none of that because it is a whole legal process in which there is a trial.
It is important to highlight the fact that usucapion is, in some way, a demand to the original owner of the property that is in question.
In this way it is important to emphasize that must be carried out by an attorney so that this is in charge of its successful completion.
At the same time it also has the intervention of a series of witnesses that are in charge of giving real testimony of each party in trial.
This means that there is a whole legal movement in which it will be necessary to comply with all the procedures that are in the constitution.
In the same way, it is also important to highlight that you must have a series of tests according to which the judgment can be given satisfactorily.
In this aspect is when they will be requested several of the requirements that were mentioned above so that the judicial process can advance correctly.
It is noteworthy to mention that the usucapion trial, like all trials, It has a cost which must be paid by the interested party in full.
And this is extremely important because attorney’s fees have to be canceled by the person who initiates the usucapion trial.
This means that, contrary to other types of processes, this will not be able to be loaded to the person on whom the current lawsuit is falling.
Effects of usucapion
Another question that is commonly asked by those who are seeking the requirements to initiate the Usucapion Trial is what are its real effects.
And this is a very logical question because, as stated above, it is a whole judicial process in all the rule.
In this sense, the main effect of the usucapion is that, once the judgment has been won, becomes owner of the disputed property.
This means that the same will be in name of the person who started the process and therefore you can do with them what you want.
At the same time this means that the person you will have to pay all taxes that fall on the property.
It is also important to note that, from the moment the trial begins, they will not be able to remove it from the property that is on trial.
As you can see, meet the requirements to start the Usucapión Trial it is something quite simple.
You will see that with this guide you have no problem!
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