The qualified possession turn into ownership

• Main Author: Popov Danica
• Format: Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2011-01-01
• Series: Zbornik Radova: Pravni Fakultet u Novom Sadu
• Subjects: possession; qualified possession; ordinary possession; extraordinary possession; legal possession; conscientious possession; genuine possession
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2011/0550-21791101109P.pdf
• ISSN: 0550-2179; 2406-1255

Possession is prima facie evidence of ownership. Possession is ninetents of the law, means that possession is good against all other, except the true owner. The possession ripens into ownership if it is qualified and by effluxion of time. In Serbian law there are two kinds of adverse possession ripens into ownership. The first one is named ordinary and second one extraordinary adverse possession. Ordinary possession need to be legal, conscientious and genuine. Extraordinary possession is only conscientious, but in a wide sense. Adverse possession destroys the title of the owner and vests it in possessor. An occupation of land inconsistent with the right of the true owner: the possession of those against whom a right action has accured to the true owner. It is actual possession in the absence of possession by the rightful owner and without lawful title. If the adverse possession continues, the effect at the expiration of the prescribed period is that not only the remedy but the title of former owner is extinguished. The person in adverse possession gains a new possessory title which cannot, normally exceed in extent of duration the interest of the former owner.