Guide to ordinary and extraordinary usucapión (Arts. 1940-1960 Civil Code): continuous possession, just title and good faith, periods of 10/20/3/6 years depending on the type of property, interruption, and declaratory action before the Land Registry.
Spain's Civil Code (Arts. 1940–1960) recognizes two types of adverse possession: ordinary (requires good faith and just title: 10 years for real property between "present" parties, 20 years between "absent"; 3 years for movables) and extraordinary (no good faith or title required: 30 years for real property, 6 for movables).
The key element in both is possession in the capacity of owner (animus domini), possession by tenants, borrowers, or depositaries doesn't qualify. Interruption (natural: loss of possession >1 year; civil: court claim by the true owner) resets the clock.
To enforce the acquired right against registered third parties (Art. 34 LH), the adverse possession must be registered via a court declaration of title or a notarial dominio proceeding.
Lexiel finds Supreme Court decisions on adverse possession by possession type, calculates the applicable deadline from the start of possession date, and drafts declaration of title claims.
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