Possession of land without deeds is a complex and common problem in legal practice, especially in rural areas. It involves exercising rights of ownership over land without having a valid legal title, such as a contract of sale or an heir’s certificate.
WHAT IS THE ACT OF POSSESSION?
Possession is defined in Article 916 of the Civil Code as the actual exercise of the prerogatives conferred by the right of ownership over a property by the person who possesses it and behaves as an owner. The possessor may exercise these prerogatives either directly, through his own power, or through another person.
Possession is characterized by two fundamental elements:
- Corpus – is the material element, representing the physical possession of the property. In the context of land, this means that the possessor deals with the land, whether by cultivating it, building on it or maintaining it.
- Animus – is the intentional element, representing the possessor’s intention to behave as an owner. The possessor must have the intention to exercise rights over the land as if he were the rightful owner.
The possessor has the right to use and enjoy the land he owns. The possessor must also comply with legal obligations, such as paying taxes and complying with local regulations. Under certain conditions, the possessor can acquire ownership of the land by usucaption if he or she has possessed the land for a long period of time and in a continuous, public and peaceful manner.
POSSESSION OF LAND WITHOUT DEEDS
Possession of land without deeds means holding and using land without having a valid title deed. According to Art. 919 of the Civil Code, until proven otherwise, the possessor is presumed to be the owner, except for real estate registered in the land register. This presumption of ownership may be rebutted if it is proved that possession is precarious.
Article 928 of the Civil Code sets out the main effect of possession, namely the possibility of acquiring ownership of the possessed property by usucaption, in accordance with the law. In order to acquire ownership by usucaption, the possessor must fulfill the following conditions:
- Possession must be continuous – without significant interruption.
- Possession must be public – the possessor must act visibly.
- Possession must be peaceful – no conflict or violence.
- Possession must be in the owner’s name – the possessor must intend to act as an owner.
ALTERNATIVE PROCEDURES FOR RECORDING POSSESSION IN THE LAND REGISTER IN ROMANIA
In addition to the action for the declaration of usucaption, the Law on Cadastre and Real Estate Publicity No. 7/1996 has also established other mechanisms to facilitate the recognition of real rights by noting possession in the land register:
- Systematic registration
Carried out ex officio for all immovables in an administrative-territorial unit. Allows for the notation of possession on the basis of the real estate data sheet and a certificate from the town hall. It leads to the automatic registration of ownership of the property after 3 years from the date of registration.
2. Sporadic registration
Carried out at the request of interested persons for certain categories of real estate. It requires cadastral documentation, a certificate from the town hall, a neighborhood report, an authentic declaration by the owner and other documents. Allows the acquisition of the property within 3 years of registration or at any time on the basis of a deed of transfer.
These procedures offer important advantages for undocumented possessors, such as the correct registration of the property in the land register, the possibility of obtaining a land register extract, the rapid acquisition of ownership of the property and the subsequent valorization of the property in the civil circuit (for example, by concluding contracts of sale).
In conclusion, although possession without deeds poses complex problems, the current legal framework offers viable solutions for clarifying the legal status of immovable property and the acquisition of ownership by bona fide possessors. Either through an action for the declaration of usucaption or through the mechanisms for recording possession in the land register, “owners without deeds” have at their disposal effective tools for consolidating their rights and reintegrating their immovable property into the civil circuit.
