In Romania, there are thousands of people who hold and use various real estate assets—land with or without buildings, or even just constructions—without having ownership documents, yet behaving as true owners.
Some of these individuals try to consolidate their position by seeking recognition of ownership rights over the properties they possess. One legal avenue to achieve this is the institution of extraregister real estate usucapion, regulated by the Civil Code and the Code of Civil Procedure.
The practical issue that arises is whether the provisions of the Civil Code and the Code of Civil Procedure also apply in cases where possession of the property began before October 1, 2011, but the individuals chose to initiate a new possession after that date.
The material briefly addresses:
(i) the applicable legal framework,
(ii) the views of the High Court of Cassation and Justice,
(iii) the structure of acquisitive prescription (possession and potestative right),
(iv) the possibility of renouncing possession initiated before October 1, 2011, and
(v) conclusions.
For more details, see the full article here:
Extraregister Real Estate Usucapion: It Exists, but Does It Apply to Me?!