Inheritance adverse possession in the reason of the exercise of exclusive possession over the area

Abstract

This article entitled “Inheritance adverse possession in the reason of the exercise of exclusive possession over the area” aims to analyze the possibility of adverse possession of property object of inheritance, where one of the heirs begins to exercise exclusive possession over the usucapiendo property of the others, ceasing the possessionThe adverse possession is a way of acquiring property, which consists in the form of exercising uninterrupted possession, without opposition and with the owner's intention, for the necessary time, provided for by law. Likewise, there is succession as a form of property acquisition. In hereditary succession, in particular, the word is used in a strict sense, to specify that succession that arises in the event of someone's death. In this way, the acquisition of possession over the usucapiendo property can be verified in the hypothesis of legitimate hereditary succession due to the Saisine principle. With the opening of the succession, all heirs will simultaneously possess the assets of the estate. The method used in this project to analyze the subject is the deductive one, which starts from the general understanding of the subject until it is possible to explain the particular issues of the subject, based on relevant legislation, doctrine, relevant scientific articles and jurisprudence that deal with the subject. The bibliographic and legal studies permeated in this monograph demonstrate that, despite the omission of the national legislation to mention legal predictability, the courts understand that the heirs can usucapir the assets left by the deceased.