Usucaption
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| Property law |
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| Part of the common law series |
| Acquisition of property |
| Gift · Adverse possession · Deed |
| Lost, mislaid, or abandoned |
| Treasure trove |
| Alienation · Bailment · License |
| Estates in land |
| Allodial title · Fee simple · Fee tail |
| Life estate · Defeasible estate |
| Future interest · Concurrent estate |
| Leasehold estate · Condominiums |
| Conveyancing of interests in land |
| Bona fide purchaser |
| Torrens title · Strata title |
| Estoppel by deed · Quitclaim deed |
| Mortgage · Equitable conversion |
| Action to quiet title |
| Limiting control over future use |
| Restraint on alienation |
| Rule against perpetuities |
| Rule in Shelley's Case |
| Doctrine of worthier title |
| Nonpossessory interest in land |
| Easement · Profit |
| Covenant running with the land |
| Equitable servitude |
| Related topics |
| Fixtures · Waste · Partition |
| Riparian water rights |
| Lateral and subjacent support |
| Assignment · Nemo dat |
| Other areas of the common law |
| Contract law · Tort law |
| Wills and trusts |
| Criminal Law · Evidence |
Usucaption (Latin usucapio) is a concept found in civil law systems and has its origin in the Roman law of property.
Put simply, usucaption is a method by which ownership of property can be gained by lapse of time (acquiescence). While usucaption has been compared with adverse possession (i.e. squatting), the true effect of usucaption is to remedy defects in title.
The necessity for usucaption arose in Roman law with the divide between res mancipi and res nec mancipi. Res mancipi required elaborate and inconvenient methods to transfer property title (a formal mancipatio ceremony, or in iure cessio). Res nec manicipi could be transferred by traditio (delivery) or in iure cessio.
If res mancipi were transferred by traditio, full ownership would not pass and the recipient would become a bonitary owner. However, if the bonitary owner kept the res in his possession for a certain amount of time (two years for land, one year for chattels) his title would become full title and he could assert himself as dominus.
