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Usucaption (Latin usucapio), also known as acquisitive prescription, is a concept found in civil law systems and has its origin in the Roman law of property. Usucaption is a method by which ownership of property (i.e. title to the property) can be gained by possession of it beyond the lapse of a certain period of time (acquiescence). While usucaption has been compared with adverse possession (that is, squatting), the true effect of usucaption is to remedy defects in title.
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This largely ameliorated the problems experienced by conveyance as a means of establishing ownership, but could still yield harsh results. A purchaser of res mancipi could be on his way to successfully usucaping the property (e.g. 11 months in possession) but would lose his claim to it if his possession was challenged before the period of usucaption by someone who could establish title. Usucaption was altered by the Actio Publiciana (see Gaius 4.36) which gave scope in the vindicatio (the action for property) for a fictitious usucaption.
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Usucapio was a concept in Roman law that dealt with the acquisition of ownership of something through possession. It was subsequently developed as a principle of civil law systems, usucaption. It is similar to the common law concept of adverse possession, or acquiring land prescriptively.
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The necessity for usucaption arose in Roman law with the divide between res mancipi and res nec mancipi. Res mancipi required elaborate and inconvenient formal methods of conveyance to transfer title (a formal mancipatio ceremony, or in iure cessio). Res nec manicipi could be transferred by traditio (delivery) or in iure cessio. The remaining form of conveyance was traditio.
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The lex Atinia de usucapione was introduced by Gaius Atinius Labeo in 197 BC. The law dealt with usucaption, acquisition of a title or right to property by uninterrupted and undisputed possession for a prescribed term. The law prevented the acquisition of title by continued possession of stolen goods. Aulus Gellius (17.7) quotes it and cites its meaning.
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Such a situation would only arise where the claimant's possession of the property had been interrupted before the period required to usucape it had elapsed. The Actio Publiciana made provision for the possessor of the property to be taken to have usucaped it successfully, if he could show that he would have usucaped the property had his possession of it not been interrupted. In this way usucaption became the dominant form of establishing ownership in Rome.
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If however a bonitary owner kept the res (property) 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. Usucaption was the solution that emerged to address the defects of Roman ownership. It required five elements: # Uninterrupted possession of the property for the requisite period (one year for chattels, two years for land); # The property was capable of being owned. Not a free man for example; # Good faith.
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Pentelis Avenue When the Penteli town plan began to take form, the claims increased, both in volume and intensity. Courts began to vindicate individual and association claims with a legal base of "good fidelity", and "usucaption". Vrilissia kept expanding into the hill, while it saw losses from each of its sides from the neighbouring suburbs of Melissia, New and Old Penteli. Around this time and in stark contrast to the lower- density provisions afforded for the Ano Vrilissia settlement below the Anapafseos Avenue, the hill was allowed multi-floor apartment blocks (up to five levels), in the process compromising the aesthetics of the Penteliko scenery.
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