Is it possible to claim ownership against the registered owner? The use of the property. Common problems. Legal advice


As we explained in some previous articles, there is a possibility of acquiring a property by the continuous possession of it: it is called usucapion.

Sometimes, we as the possessors, appear as registrants in the Land registry. But in other situations, the person who was possessing the asset does not appear as a registrant in the land register. In this article we will try to explain how is it possible to claim the ownership of the possessed asset and the main problems we find by claiming it.

So there is no possibility to claim this ownership through a notarial process or through a registral file. There is only a way to proceed in this situation: a claim in court. What does that involve? Time and lots of efforts. The preparation of all the documentation for the claim is a very long process.

Please, take in mind, that in order to acquire a property by against the registered owner it will be need to justify all the years of possessions. The way to prove that is with payment of IBI or rubbish collection taxes, with rental contract in which the possessor appears as the owner, gas, electricity and bills, etc.

Another problem that arises when trying to get that ownership is in the moment of registering the court decision in the Land registry. Sometimes, although we end up with a court declaration stating that we are the owners of the possessing asset, it is not that easy to inscribe that decision in the Land Registry.

On some occasions, the registrar who must register the court decision and change the holder of the register refuses this registration because he believes that there has been a lack of defence of the holders of the property in question.

That means that they have to be notified of the court claim. Nevertheless, sometimes this is really difficult: the register holders have already passed away and the contact with their heirs is barely possible.

There are more associated problems in every file, and that is why this kind of claims, that is: claiming against the registrant in the Land Registry to acquire the ownership need a very deep study.

If you think that is your case, please do not hesitate to contact us.

For expert legal advice, contact our law firm, and visit our website:

The information provided in this article is not intended to be legal advice, it simply transmits information related to legal issues.

The information provided in this article is not intended to be legal advice, but merely conveys information relating to legal matters.

Carlos Baos (Lawyer) White & Baos.
Tel: +34 966 426 185
White & Baos 2021 – All Rights Reserved.

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Carlos Baos (Lawyer)

Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.