Incidental adverse possession

Abstract

The present work seeks to understand whether it is possible in indemnity actions against the Public Administration for manu militari appropriation of private property that there is compensation to the plaintiff for the loss of property right through incidental recognition of adverse possession in the indemnity action without there having been an express request declaration of adverse possession or the filing of adverse possession action. To answer this hypothesis, the doctrine and jurisprudence on the subject will be analyzed through the use of the qualitative deductive method. It is verified that the specific procedural requirements of the adverse possession action are not peremptory and that the material conditions of its incidence can be verified in the indemnity action. The article, therefore, seeks to contribute to the expansion of the recognition of the right to property by adverse possession, facilitating its recognition to the most vulnerable populations that, generally, do not have the link with the property recognized and registered in the real estate registry.