THE NEW RULES FOR THE ACQUISITION OF LAND BY PRESCRIPTION ARE EFFECTIVE

#18The new rules for the acquisition of land by prescription are effective

A certificate with a notary stamp will no longer be enough to acquit land by prescription. From 01.05.2021, the confirmation of Acquisitive prescription is transferred from notaries to the courts.

As of May 1, 2021, the legal regulation comes into force, which brings changes in the solution of the acquisitive prescription. After the new one, a solution will be possible through court proceedings to confirm the acquisition of ownership of the property. In parallel with this proceeding, there will be a court proceeding on the acquisitive prescription of the right corresponding to the encumbrance.

The transfer of confirmation of the acquisitive prescription from notaries to the courts is part of the amendment to the Code of Non-contentious Civil Procedure. The basic goal of the newly introduced procedure for confirming prescription is to guarantee the defence of those who are affected by endurance on their rights.

There will also be an obligation to publish information that someone is requesting such confirmation by a court (in the form of a so-called summons resolution), and in this way to ensure that the persons concerned are informed. Confirmation of the acquisitive prescription only on the basis of a unilateral declaration without publicity and will therefore no longer be possible. The summons will be handed over to the person who has the ownership right or other real right to the real estate registered on the title deed, and this person will be a party to the proposed proceedings. All the entities concerned who have a specific right in rem in the immovable property to which the proceedings relate will thus be able to protect their rights in that immovable property by filing an objection against the summons.

The court proceedings consist of two stages. The first stage lasts from the filing of a motion to initiate legal proceedings. The proposal must meet the legal requirements and it must be clear that you have acquired the property by holding. The court will then issue an appeal order to raise objections, which will be published in the Commercial Gazette and on the official notice board in the place of the property. The time limit for filing objections may not be less than 6 months from the publication of the invitation in the Commercial Gazette. The end of the first stage is either the filing of objections or, if there are no objections, a resolution confirming the prescription, thanks to which it is subsequently possible to make changes in the cadastre.

If objections are lodged, the second stage of the court proceedings follows, which is taken over by the opposition institute. If the court determines the objections to be well-founded, the motion to initiate legal proceedings to obtain the acquisitive prescription will be rejected. However, if the court determines the objections to be unfounded or legally irrelevant, the court may issue a certificate of acquisition.