If every good thing comes to an end, a property right can come to an end if one fails to ensure that they have had beneficial possession.
If every good thing has an end, a property right can come to an end if one fails to ensure that it has obtained useful possession.
Thus, in 1986, eight cottages were built on the mountainside, an integral part of a development, and sold to different owners. Six of them have two parking spaces at the front of their lot, while the seventh cottage has a parking space that can accommodate four cars. Two of these four spaces are used by the owner of the eighth cottage, as his land does not allow for parking. However, no ownership title is granted to the latter, but an easement is created in his favor, allowing him access to the parking space.
In 1993, a Buyer purchased the eighth cottage and continued to use the two parking spaces of the seventh cottage, even though they are located on the neighbor's property.
In 2011, a new Owner acquired the cottage where the four parking spaces are located. A year passed, and this Owner served the Buyer of the eighth cottage with a notice to cease occupying his lot and requested the Court* to issue an injunction to this effect. In response, the Buyer requested the recognition of his ownership right by way of acquisitive prescription, since he has had useful possession of the two parking spaces for more than ten years.
The court concluded that the Buyer had indeed established "having had useful possession, that is, peaceful, certain, public, and non-ambiguous possession," which are the four conditions required for possession to have its effects. It is therefore enforceable against the Owner, even though his title was registered before his legal claim. The registration of a property title in the land registry cannot protect an owner from the effects of the useful possession by a third party.
One can have useful possession of a property without having the title or have a title without having useful possession. Why, when one is a title owner, not ensure that they also have possession of their entire property, hence the usefulness of obtaining a land survey certificate when making a purchase.
*C.A. 500-09-024024-135
