Definitions

from Wiktionary, Creative Commons Attribution/Share-Alike License

  • n. The acquisition of right or title to an object by means of the passage of time. The legal analog of usucapion in both English Common Law and Code law is "adverse possession."

from The Century Dictionary and Cyclopedia

  • n. Same as usucaption.

Etymologies

Latin usucapio, usucapionis: to acquire by prescription. (Wiktionary)

Examples

  • It is forbidden for a vestibule of a sepulcher (_forum_) and a burning-mound (_bustum_) [67] to be acquired by usucapion.

    The Twelve Tables

  • The mancipable (conveyable or movable) possessions of a woman who is under tutelage of [her] agnates [18] shall not be acquired rightfully by usucapion (long usage or long possession), save if these

    The Twelve Tables

  • Severus, a free person, such as a general agent, can acquire possession for you, and that not only when you know, but even when you do not know of the fact of the acquisition: and through this possession ownership can be immediately acquired also, if it was the owner who delivered the thing; and if it was not, it can be acquired ultimately by usucapion or by the plea of long possession.

    The Institutes of Justinian

  • But there is on record an opinion of Papinian, supported by the rescripts of the Emperors Pius, Severus, and Antoninus, that if, before the property of a deceased person who has left no heir is reported to the exchequer, some one has bought or received some part thereof, he can acquire it by usucapion.

    The Institutes of Justinian

  • Our constitution has enacted that in usucapion too a similar rule shall be observed, and that the benefit of the possession shall continue in favour of the successor.

    The Institutes of Justinian

  • But as it seemed hard that in such a case there should be no remedy, the praetor introduced an action in which the plaintiff, who has lost possession, fictitiously allege that he has acquired a full title by usucapion, and thus claims the thing as his own.

    The Institutes of Justinian

  • Consequently, in things movable even a person who possesses in good faith can seldom acquire ownership by usucapion, for he who sells, or on some other ground delivers possession of a thing belonging to another, commits a theft.

    The Institutes of Justinian

  • After a possessor in good faith has acquired the ownership of a slave by usucapion, everything which the slave acquires belongs to him without distinction; but a fructuary cannot acquire ownership of a slave in this way, because in the first place he does not possess the slave at all, but has merely a right of usufruct in him, and because in the second place he is aware of the existence of another owner.

    The Institutes of Justinian

  • And not only is ownership acquired for you by those in your power, but also possession; for you are deemed to possess everything of which they have obtained detention, and thus they are to you instruments through whom ownership may be acquired by usucapion or long possession.

    The Institutes of Justinian

  • But all property necessarily originated in prescription, or, as the Latins say, in usucapion; that is, in continued possession.

    What is Property? An Inquiry into the Principle of Right and of Government.

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