USUCAPIDO

English translation: ACQUIRED BY ADVERSE POSSESSION

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:USUCAPIDO
English translation:ACQUIRED BY ADVERSE POSSESSION
Entered by: MARK ROBERTSON

03:46 Nov 28, 2019
Portuguese to English translations [PRO]
Law/Patents - Real Estate / Australian English
Portuguese term or phrase: USUCAPIDO
Em uma sentença de USUCAPIÃO.

O imóvel acima matriculado foi USUCAPIDO por xxx.

Thank you.
Milena Maia
Australia
Local time: 17:04
ACQUIRED BY ADVERSE POSSESSION
Explanation:
Nec vi, nec clam, nec precario
'not by force, nor stealth, nor the licence of the owner'.

UK:
"Adverse possession is the term used to describe a claim to ownership of land arising not from a deed in favour of the claimant but from actual occupation of the land. Obviously it would not be fair or practical to allow a person to claim ownership merely by entering onto the land and so strict rules have developed in an attempt to balance the interests of land owners with the interests of the general public."
https://www.land-registry-documents.co.uk/news-blog/claiming...

USA:
Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.

Common Law Requirements
The common law requirements have evolved over time and they vary between jurisdictions. Typically, for an adverse possessor to obtain title, his possession of the property must be:

Continuous--A single adverse possessor must maintain continuous possession of the property. However, the continuity may be maintained between successive adverse possessors if there is privity between them.
Hostile--In this context, "hostile" does not mean "unfriendly." Rather, it means that the possession infringes on the rights of the true owner. If the true owner consents or gives license to the adverse possessor's use of the property, possession is not hostile and it is not really adverse possession. Renters cannot be adverse possessors of the rented property, regardless of how long they possess it.
Open and Notorious--Possession must be obvious to anyone who bothers to look, so as to put the true owner on notice that a trespasser is in possession. One will not succeed with an adverse possession claim if it is secret.
Actual--The adverse possessor is actually in possession of someone else's property. The true owner has a cause of action for trespass, which must be pursued within the statute of limitations.
Exclusive--The adverse possessor does not share control of the property with any one else (unless in privity with himself). He excludes others from possession, as if he was actual owner.

https://www.law.cornell.edu/wex/adverse_possession
Selected response from:

MARK ROBERTSON
Local time: 06:04
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +3ACQUIRED BY ADVERSE POSSESSION
MARK ROBERTSON
4occupation of property unrecognised by law
Nick Taylor
4acquired by usucaption
Clara Azevedo
4granted upon usucaption / upon acquisitive prescription
Mario Freitas


Discussion entries: 1





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
granted upon usucaption / upon acquisitive prescription


Explanation:
https://en.wikipedia.org/wiki/Usucaption

Mario Freitas
Brazil
Local time: 04:04
Works in field
Native speaker of: Native in PortuguesePortuguese, Native in EnglishEnglish
PRO pts in category: 72
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
acquired by usucaption


Explanation:
https://books.google.pt/books?id=ux1fkfIFR5EC&pg=PA117&lpg=P...

Clara Azevedo
Portugal
Local time: 06:04
Native speaker of: Native in PortuguesePortuguese
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
occupation of property unrecognised by law


Explanation:
occupation of property unrecognised by law

Nick Taylor
Local time: 06:04
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20
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4 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +3
ACQUIRED BY ADVERSE POSSESSION


Explanation:
Nec vi, nec clam, nec precario
'not by force, nor stealth, nor the licence of the owner'.

UK:
"Adverse possession is the term used to describe a claim to ownership of land arising not from a deed in favour of the claimant but from actual occupation of the land. Obviously it would not be fair or practical to allow a person to claim ownership merely by entering onto the land and so strict rules have developed in an attempt to balance the interests of land owners with the interests of the general public."
https://www.land-registry-documents.co.uk/news-blog/claiming...

USA:
Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations.

Common Law Requirements
The common law requirements have evolved over time and they vary between jurisdictions. Typically, for an adverse possessor to obtain title, his possession of the property must be:

Continuous--A single adverse possessor must maintain continuous possession of the property. However, the continuity may be maintained between successive adverse possessors if there is privity between them.
Hostile--In this context, "hostile" does not mean "unfriendly." Rather, it means that the possession infringes on the rights of the true owner. If the true owner consents or gives license to the adverse possessor's use of the property, possession is not hostile and it is not really adverse possession. Renters cannot be adverse possessors of the rented property, regardless of how long they possess it.
Open and Notorious--Possession must be obvious to anyone who bothers to look, so as to put the true owner on notice that a trespasser is in possession. One will not succeed with an adverse possession claim if it is secret.
Actual--The adverse possessor is actually in possession of someone else's property. The true owner has a cause of action for trespass, which must be pursued within the statute of limitations.
Exclusive--The adverse possessor does not share control of the property with any one else (unless in privity with himself). He excludes others from possession, as if he was actual owner.

https://www.law.cornell.edu/wex/adverse_possession

MARK ROBERTSON
Local time: 06:04
Native speaker of: Native in EnglishEnglish
PRO pts in category: 44
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM.: a.k.a. (a third-party) squatters' rights acquired. We, unlike certain SPA/ENG lexicographers who shall remain nameless, need to distinguish a 'precarious' quasi-contractual tenant by sufferance & a hold-over or 'sitting' tenant at the end of a tenancy.
3 hrs
  -> Thanks Adrian

agree  Mario Freitas: Assim ficou melhor. Sugiro apenas que você pare de destacar suas respostas com letras maiúsculas. Não fica bem na Internet. Letras maiúsculas = estou gritando para chamar atenção. Abraço.
7 hrs
  -> Obrigado. Concordo com o seu comentário sobre as maiúsculas.

agree  Gilmar Fernandes
1 day 5 hrs
  -> Obrigado Gilmar
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