Adverse possession and usucapion
From Common law (adverse possession) and Roman-based systems (usucapion)
Property
What it means
Both let a person who has occupied land (or goods) for a long time become its owner. Common law calls it adverse possession. Civil law uses 'usucapion' or acquisitive prescription.
Why it travels badly
The effect looks similar, but the rules differ. Civil-law systems often set a shorter period when the possessor acted in good faith and had a title, and a longer one otherwise. In common law the period usually runs against the owner's right to sue.
How other systems say it
prescription acquisitive
A shorter period with good faith and a just title, and a longer period without them.
Ersitzung
Ownership of movables and land can be acquired through long possession, with conditions on good faith.
Tip for translators and students
Check the period and the role of good faith in each system. The same words mask different conditions.
See the Legal Dictionary entry →
Related: Real rights and personal rights
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
