Explained: Acquisitive Prescription

According to Civil Law No. 84 of 1949, an individual who has possession of a property for a specified period can acquire ownership of that property through what is known as acquisitive prescription, also called adverse possession. Adverse possession is defined as someone exercising control over an asset as though they were its owner or had a legal right to it, including the right to use it.

Acquisitive prescription does not apply to properties officially registered in the names of their rightful owners in the Land Registry. It only applies in two cases: either with “dead” lands, also called “unclaimed” lands, considered part of the state’s private property, or with unlicensed buildings constructed illegally in informal settlements over which owners may hold judicial rulings proving ownership, possess irrevocable notary public powers of attorney, or have regular sale contracts, but which they cannot register in the Land Registry.

The Civil Law outlines two ways to acquire property ownership through adverse possession:

Short-term adverse possession

Short-term adverse possession can come in one of two forms.

The first type requires that a person possess someone else’s property in good faith for five years. For example, the person in possession believes they are acting as the owner of the property, with a valid legal document (such as a sale contract). A typical scenario might involve someone buying a share of a property via a sale contract, but unknowingly using a larger share than what they purchased. If the buyer uses the extra share as if it were their own, the law considers them to be acting in good faith, given they have a valid document (the sale contract). If they continue to possess and use the property for five years, they can become the owner of the additional share through acquisitive prescription.

Good faith must only exist at the time the possessor acquires the right, i.e., when receiving the property. If the possessor discovers that their share of the property is actually larger than what is stated in the agreement or sale contract, they can wait for the five-year period to pass in order to acquire ownership of the additional property.

In addition to a sale contract, other valid reasons or legal documents that support possession include gifts and inheritance. For instance, if a person is given a share of a property but possesses a larger share in good faith, or if an heir, in good faith, takes possession of a property larger than their rightful inheritance share for five years without objection from the other heirs, this would apply.

This type of short-term acquisitive prescription, called “the five-year rule,” requires five years of possession in good faith and with a valid reason, and it can apply even against an absent party. For example, if a person sells a share of property to someone else, and the buyer, in good faith, takes possession of a larger share than they purchased, and the seller then leaves the country for more than five years, the buyer may acquire the extra share via short-term acquisitive prescription. If the seller returns after those five years and tries to claim the excess share based on their absence, they cannot do so, as the five-year rule applies even if the seller was absent.

The second type involves the requirement of three years’ possession of uncultivated land. According to Law No. 252 of 1959, uncultivated land refers to state-owned “delimitation and census” land, which is not farmed and is far from urban areas. Such land is considered part of the state’s private property. The first person to occupy such land can claim the right of priority under the state’s property regulations. If the person in possession can prove that they have used a part of the land by building on it or planting crops, they are entitled to register the right to that part of the land after three years. In other words, they can acquire ownership through acquisitive prescription after three years of occupation.

Long-term adverse possession

This period lasts 15 years and does not require good faith or a valid reason for possession. Someone who takes possession of another person’s property can, after the long-term period of acquisitive prescription, file a claim in civil court to acquire ownership of the property based on long-term acquisitive prescription.

However, long-term acquisitive prescription does not apply if the owner is ‘absent,’ as per Article 379 of Civil Law No. 84 of 1949, provided that the absent owner can prove their absence when facing a claim of ownership through acquisitive prescription. Absence can be proven by presenting any document showing the person was out of the country during that time, such as a passport or residence permit.

Even if a claim for ownership based on a sale is recorded on the Land Registry, such a claim becomes void if the ruling is subject to long-term acquisitive prescription. This was established by the judicial precedent of the Syrian Court of Cassation in Case No. 1322, Decision No. 1777 of 1971, which states that “if a ruling becomes subject to acquisitive prescription, the claim arising from it also becomes void.” This highlights the risk of acquisitive prescription in informal housing areas, where property ownership is based on judicial rulings that cannot be enforced due to the inability to register property transactions in the official records. The danger lies in the fact that an unenforced court ruling in the Land Registry is overruled by long-term acquisitive prescription if someone has held the property for 15 years.