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.
from the GNU version of the Collaborative International Dictionary of English
- n. The acquisition of the title or right to property by the uninterrupted possession of it for a certain term prescribed by law; -- the same as prescription in common law.
from The Century Dictionary and Cyclopedia
- n. In civil law, the acquisition of the title or right to property by the uninterrupted and undisputed possession of it for a certain term prescribed by law.
Ownership might further be acquired by usucaption (usucapio) and prescription for a long period.
Prescription (a slight modification of the older usucaption) is the dispensing with evidence of title, and is acquisitive when it is the means of acquiring Ownership and extinctive (divestitive) when it bars a right of action.
It is, therefore, either acquisitive or liberating, the former being frequently termed usucaption.
Rather by usucaption than usurpation Holland had in many regards come to consider herself and be considered as the Republic itself.
First, the Roman or quiritarian property in the soil, (commercium,) and its capability of mancipation, usucaption, and vindication; moreover, as an inseparable consequence of this, exemption from land-tax.
We believe, according to Gaius, 43, that this usucaption was extended to the case where a thing had been acquired from a person not the real proprietor; and that according to the time prescribed, it gave to the possessor the Roman proprietorship.
The praetors changed the system of property by allowing a person, who had a thing in bonis, the right to recover before the prescribed term of usucaption had conferred absolute proprietorship.
A purchaser in good faith and for full value from a thief would not, by usucaption, acquire ownership in the thing stolen, nor would ownership thus accrue to one who acquired possession, knowing that the thing really belonged to another (Leage, op. cit.,
Wordnik is becoming a not-for-profit! Read our announcement here.