{"id":4219,"date":"2026-10-02T09:00:46","date_gmt":"2026-10-02T07:00:46","guid":{"rendered":"https:\/\/notaiopadova.it\/acquisition-of-property-by-adverse-possession-what-it-is-how-it-works-and-when-a-notary-is-involved\/"},"modified":"2026-10-02T09:33:19","modified_gmt":"2026-10-02T07:33:19","slug":"acquisition-of-property-by-adverse-possession-what-it-is-how-it-works-and-when-a-notary-is-involved","status":"publish","type":"post","link":"https:\/\/notaiopadova.it\/en\/acquisition-of-property-by-adverse-possession-what-it-is-how-it-works-and-when-a-notary-is-involved\/","title":{"rendered":"Acquisition of property by adverse possession: what it is, how it works and when a notary is involved"},"content":{"rendered":"\n

Acquisition of property by adverse possession<\/strong> is a means of acquiring ownership of a property through prolonged possession in accordance with the conditions laid down by law. For properties, the general rule requires twenty years of continuous possession.<\/strong><\/p>\n\n

However, it is not enough simply to use a house or a plot of land for twenty years. For adverse possession to take effect, one must treat the property as the rightful owner would, without such use being dependent, for example, on a tenancy agreement, a loan for use, or the owner\u2019s mere tolerance.<\/em><\/p>\n\n

Where the conditions are met, adverse possession constitutes an original acquisition:<\/strong> the right is not transferred from the previous owner through a sale or a gift, but is acquired as a result of possession and the passage of time, as provided for by law.<\/p>\n\n

<\/div>\n\n

What are the requirements for acquiring ownership of property by adverse possession?<\/h2><\/h2>\n\n

Article 1158 of the Civil Code provides that ownership of immovable property and other rights in rem to the use of such property are acquired through continuous possession for twenty years.<\/strong><\/p>\n\n

The key point is to understand what is meant by \u2018possession\u2019. Living in a house, cultivating a plot of land or using a garage does not necessarily mean that one possesses them for the purposes of adverse possession.<\/p>\n\n

Anyone living in a rented flat, for example, recognises that the property belongs to the landlord. The same generally applies to anyone using a property free of charge under a loan for use agreement. In such cases, the term \u2018detention<\/strong>\u2019 is used, rather than \u2018possession\u2019 for the purposes of adverse possession.<\/p>\n\n

A similar situation can arise in family relationships: simply living in one\u2019s parents\u2019 home for many years does not, in itself, entitle one to acquire it by adverse possession if such occupation is based on the owner\u2019s consent or tolerance.<\/p>\n\n

Where the use of property begins as mere holding, the mere passage of time is not sufficient to transform it into possession. There must be a change that is also recognisable from the outside, in the manner provided for by law. This transition is referred to as the reversal of possession.<\/strong><\/p>\n\n

Furthermore, possession acquired by violent or unlawful means does not allow the limitation period to begin running until such violence or unlawfulness has ceased.<\/p>\n\n

<\/div>\n\n

After how many years can you acquire a property by adverse possession?<\/h2><\/h2>\n\n

The standard period for acquiring ownership of immovable property by adverse possession is twenty years. However, there are certain circumstances in which the law provides for different time limits.<\/p>\n\n

Ordinary adverse possession: 20 years<\/h3><\/h3>\n\n

This is the general rule. The period begins when possession that is actually effective for the purposes of acquisitive prescription commences and must continue uninterrupted for twenty years.<\/p>\n\n

If the property is initially used under a contract or with the owner\u2019s consent, it is therefore not sufficient to count twenty years from the date on which its use began.<\/p>\n\n

Abbreviated adverse possession: when 10 years are sufficient<\/h3><\/h3>\n\n

Abbreviated acquisitive prescription<\/strong>, as provided for in Article 1159 of the Civil Code, relates to a specific situation: the acquisition in good faith of a property from a person who is not, in fact, the owner, on the basis of a title that is, in theory, sufficient to transfer ownership and has been duly registered.<\/p>\n\n

If all these conditions are met, adverse possession may be established ten years from the date of registration.<\/strong><\/p>\n\n

It is therefore not simply a shorter version of ordinary acquisitive prescription. The ten-year period applies only when all the conditions laid down by law are met.<\/p>\n\n

Does the 20-year period always apply to agricultural land?<\/h3><\/h3>\n\n

Not always. Article 1159-bis of the Civil Code sets out specific provisions for small-scale rural property.<\/strong><\/p>\n\n

In the case of rural land with outbuildings situated in municipalities classified as mountainous, and in the other cases provided for by the law, acquisition by adverse possession may take place through continuous possession for fifteen years<\/strong>. Where the specific requirements for acquisition in good faith by a non-owner are met, a shortened period of five years from the date of registration is also provided for.<\/strong><\/p>\n\n

This does not mean that every piece of agricultural land becomes subject to adverse possession after fifteen years. It must be verified that the land does in fact fall within the scope of the rules governing small-scale rural property; otherwise, the ordinary rules apply.<\/p>\n\n

Even the mere cultivation or maintenance of a plot of land over many years does not automatically result in acquisition by adverse possession. It is necessary to ascertain whether the land was actually held as the owner\u2019s property and in what manner.<\/p>\n\n

<\/div>\n\n

How is adverse possession proven?<\/h2><\/h2>\n\n

Anyone wishing to establish ownership by adverse possession<\/strong> must be able to prove the nature and duration of their possession.<\/p>\n\n

There is no single document that automatically proves acquisition by adverse possession. Depending on the specific case, the following may be relevant:<\/p>\n\n

    \n
  • accounts from people with first-hand knowledge of the situation;<\/li>\n\n\n\n
  • photographs and documentation on the condition of the sites;<\/li>\n\n\n\n
  • utility bills, taxes and duties;<\/li>\n\n\n\n
  • documents relating to work carried out on the property;<\/li>\n\n\n\n
  • fences, access points and other features that demonstrate how the property is used;<\/li>\n\n\n\n
  • maps, land registry extracts and technical documentation;<\/li>\n\n\n\n
  • any correspondence that may have taken place with the owner.<\/li>\n<\/ul>\n\n

    In the case of a plot of land, the identification of boundaries, access arrangements, crops, fencing and any technical surveys may also be particularly important.<\/p>\n\n

    Paying IMU, TARI, utility bills or maintenance costs is not, in itself, sufficient to prove adverse possession.<\/strong> These are factors that may contribute to the evidence, alongside the other facts of the specific case.<\/p>\n\n

    The same applies to the land registry: the land registry entry is useful for identifying the property and tracing its history, but does not, in itself, constitute proof of ownership or of acquisitive prescription.<\/p>\n\n

    <\/div>\n\n

    How can one establish that adverse possession has taken place?<\/h2><\/h2>\n\n

    Acquisition by adverse possession takes effect when the conditions laid down by law are met. However, when it is necessary to ensure that the new ownership status is certain and verifiable, for example, in preparation for a sale, it becomes necessary to confirm that adverse possession has taken place and to record this in the land registers.<\/strong><\/p>\n\n

    Disputes concerning rights in rem are among those for which civil mediation<\/strong> must be attempted before legal proceedings are brought.<\/p>\n\n

    If the parties reach an agreement establishing acquisitive prescription, this may be entered in the land registers once the signatures on the minutes have been authenticated by an authorised public official, in accordance with Article 2643(12-bis) of the Civil Code.<\/p>\n\n

    If, however, no agreement is reached, a court may be asked to determine the matter. In this case, the facts on which the acquisition by adverse possession is based must be proven. The judgement confirming the acquisition is subsequently entered in the land registers.<\/p>\n\n

    Registration and updating of the land registry are not the same thing. The former concerns the recording of legal transactions relating to the property in the land registers; the land registry, on the other hand, primarily serves a tax-related purpose and serves to identify the property, and its updating does not replace registration nor does it serve to prove ownership of the right.<\/p>\n\n

    <\/div>\n\n

    What is the notary\u2019s role in acquisitive prescription?<\/h2><\/h2>\n\n

    The notary also plays an important role when a property acquired by adverse possession is subsequently to be sold, donated or involved in another property transaction. In such cases, it is necessary to trace the property\u2019s history and verify the information contained in the land registers.<\/p>\n\n

    For further information on these matters, please refer to the section on property transfers.<\/strong><\/p>\n\n

    <\/div>\n\n

    What interrupts acquisitive prescription? Is a formal notice sufficient?<\/h2><\/h2>\n\n

    Not every objection raised by the owner automatically interrupts the course of adverse possession.<\/p>\n\n

    A simple out-of-court notice<\/strong>, in which the owner objects to the use of the property or demands its return, is not in itself sufficient to suspend the time limit.<\/p>\n\n

    On the other hand, the acts provided for by law may have the effect of interrupting acquisitive prescription, including judicial proceedings aimed at regaining possession of the property. Being deprived of possession for more than one year also results in the interruption of acquisitive prescription, in accordance with Article 1167 of the Civil Code; however, the interruption is deemed not to have taken place if proceedings aimed at regaining possession have been brought and possession has in fact been regained.<\/p>\n\n

    To determine whether the time limit has in fact been suspended, it is therefore necessary to ascertain what actually happened and when.<\/p>\n\n

    <\/div>\n\n

    Adverse possession and inheritance: what happens if the owner dies<\/h2><\/h2>\n\n

    The death of the owner does not automatically result in either adverse possession or the interruption of the period already accrued. It is necessary to establish the succession, identify the heirs and ascertain how possession of the property has been exercised.<\/p>\n\n

    The issue is particularly sensitive when only one of the co-heirs is using the property.<\/p>\n\n

    A co-heir may, provided the necessary conditions are met, acquire ownership by adverse possession of the shares held by the other co-heirs. However, it is not sufficient simply to live alone in the inherited house, to look after the property or to pay all the associated expenses.<\/strong> It must be demonstrated that exclusive possession has been exercised in a manner incompatible with the rights of the other co-heirs.<\/p>\n\n

    The same problem may arise when, after many years, heirs are identified who were not initially known. The mere passage of time does not automatically determine who owns the property. It is necessary to reconstruct both the line of succession and the manner in which the property was held.<\/p>\n\n

    Where the matter concerns an inherited property, it may therefore be necessary to verify the inheritance status of the parties involved. Further information on services relating to wills, inheritance and gifts is available on the firm\u2019s website.<\/p>\n\n

    <\/div>\n\n

    Can a property acquired by adverse possession be sold?<\/h2><\/h2>\n\n

    Yes. A property acquired by adverse possession may subsequently be sold.<\/p>\n\n

    Before proceeding, however, it is important to trace the property\u2019s provenance, verify how adverse possession was established, and check the transcriptions, entries and other formalities recorded in the land registers.<\/p>\n\n

    Furthermore, adverse possession relates to the acquisition of a right to the property and does not remedy any planning or building regulations breaches.<\/strong> The planning, building and land registry status must therefore be checked separately prior to the sale.<\/p>\n\n

    These checks are particularly important when a mortgage needs to be taken out on the property in order to secure a loan.<\/p>\n\n

    <\/div>\n\n

    Notarial assistance with adverse possession of property in Padua<\/h2><\/h2>\n\n

    The Doria Saglietti Scerbo Notarial Practice provides assistance with notarial matters relating to adverse possession and subsequent transactions involving the property.<\/p>\n\n

    The firm\u2019s offices are located at:<\/p>\n\n

      \n
    • Padua<\/strong>: Corso del Popolo, 8\/C, 35131 Padua. Tel. 049 655 080.<\/li>\n\n\n\n
    • Vigonza<\/strong>: Via Bachelet, 5, 35129 Vigonza (PD). Tel. 049 628 807.<\/li>\n\n\n\n
    • Grantorto<\/strong>: Via Umberto I, 55\/2, 35010 Grantorto (PD). Tel. 049 655 080.<\/li>\n<\/ul>\n\n

      You can email info@studionotariledbs.it or use the Contact and Quotes page<\/strong>.<\/p>\n\n

      <\/div>\n\n

      FAQs on the acquisition of property by adverse possession<\/h2><\/h2>\n\n
      \n
      \n
      \n

      Is living in a house for 20 years enough to acquire it by adverse possession?<\/h3><\/h3>\n
      <\/div>
      <\/div><\/div><\/div><\/div>\n\n\n\n
      \n

      No. One must have exercised genuine possession of the property in accordance with the requirements laid down by law. If the property has been used under a tenancy agreement, a loan for use, or with the owner\u2019s mere consent, the passage of twenty years does not automatically result in acquisitive prescription.<\/p>\n<\/div><\/div>\n<\/div>\n\n\n\n

      \n
      \n

      Can you acquire ownership of your parents\u2019 house by adverse possession?<\/h3><\/h3>\n
      <\/div>
      <\/div><\/div><\/div><\/div>\n\n\n\n
      \n

      Yes, but only if the requirements for acquisitive prescription are actually met. The mere fact of living rent-free in one\u2019s parents\u2019 home, even for many years, may stem from their consent or tolerance and does not in itself constitute possession sufficient for acquisitive prescription.<\/p>\n<\/div><\/div>\n<\/div>\n\n\n\n

      \n
      \n

      Is paying the IMU and utility bills enough?<\/h3><\/h3>\n
      <\/div>
      <\/div><\/div><\/div><\/div>\n\n\n\n
      \n

      No. Payments, utility bills and expenses may, together with other factors, help to establish the connection with the property, but they do not in themselves prove adverse possession.<\/p>\n<\/div><\/div>\n<\/div>\n<\/div>\n\n

      <\/div>\n\n
      \n
      \n
      \n

      Is it possible to acquire ownership of only part of a plot of land through adverse possession?<\/h3><\/h3>\n
      <\/div>
      <\/div><\/div><\/div><\/div>\n\n\n\n
      \n

      Yes, in principle, even a portion of land may be subject to adverse possession, provided that it can be identified with certainty and the requirements for possession are demonstrated. If the portion does not have its own cadastral identification, surveys, maps and other technical work may be necessary to demarcate it correctly.<\/p>\n<\/div><\/div>\n<\/div>\n\n\n\n

      \n
      \n

      Does registration of residence prove acquisition by adverse possession?<\/h3><\/h3>\n
      <\/div>
      <\/div><\/div><\/div><\/div>\n\n\n\n
      \n

      No. Being registered as resident at the property may be a useful factor, but it does not in itself prove that the property was held as the owner\u2019s.<\/p>\n<\/div><\/div>\n<\/div>\n\n\n\n

      \n
      \n

      Does the land registry show who owns the property?<\/h3><\/h3>\n
      <\/div>
      <\/div><\/div><\/div><\/div>\n\n\n\n
      \n

      Not on its own. Cadastral records serve primarily for tax purposes. To establish ownership, the title deeds and entries in the land registers must be examined.<\/p>\n<\/div><\/div>\n<\/div>\n<\/div>\n\n

      <\/div>\n\n
      \n
      \n
      \n

      Does adverse possession remedy a planning offence?<\/h3><\/h3>\n
      <\/div>
      <\/div><\/div><\/div><\/div>\n\n\n\n
      \n

      No. Usucapion relates to the acquisition of ownership or another right in rem and does not regularise any works carried out in breach of town planning and building regulations.<\/p>\n<\/div><\/div>\n<\/div>\n<\/div>\n\n

      <\/p>\n","protected":false},"excerpt":{"rendered":"

      Acquisition of property by adverse possession is a means of acquiring ownership of a property through prolonged possession in accordance with the conditions laid down by law. For properties, the general rule requires twenty years of continuous possession. However, it is not enough simply to use a house or a plot of land for twenty […]<\/p>\n","protected":false},"author":4,"featured_media":4218,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,32],"tags":[33,53,59,28,57,26,27,34],"class_list":["post-4219","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-real-estate","category-real-estate-contracts-and-practices","tag-agricultural-land","tag-compravendita-immobiliare","tag-land","tag-passaggio-di-proprieta","tag-property-sales-and-purchases","tag-terreni","tag-terreni-agricoli","tag-transfer-of-ownership"],"_links":{"self":[{"href":"https:\/\/notaiopadova.it\/en\/wp-json\/wp\/v2\/posts\/4219","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/notaiopadova.it\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/notaiopadova.it\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/notaiopadova.it\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/notaiopadova.it\/en\/wp-json\/wp\/v2\/comments?post=4219"}],"version-history":[{"count":2,"href":"https:\/\/notaiopadova.it\/en\/wp-json\/wp\/v2\/posts\/4219\/revisions"}],"predecessor-version":[{"id":4221,"href":"https:\/\/notaiopadova.it\/en\/wp-json\/wp\/v2\/posts\/4219\/revisions\/4221"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/notaiopadova.it\/en\/wp-json\/wp\/v2\/media\/4218"}],"wp:attachment":[{"href":"https:\/\/notaiopadova.it\/en\/wp-json\/wp\/v2\/media?parent=4219"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/notaiopadova.it\/en\/wp-json\/wp\/v2\/categories?post=4219"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/notaiopadova.it\/en\/wp-json\/wp\/v2\/tags?post=4219"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}