How to assume property ownership in France

French law attaches a great deal to the rights of property owners, but there is a little-known way to gain possession of a dwelling or land after the lapse of a certain period of time.

Usucapion can take place if you have acted as if you believed you owned the property for at least 30 years.

So, if you do know who owns the overgrown field next door, and have taken it upon yourself to mow it, maintain the boundaries, plant trees or graze animals you can, in theory, apply for formal ownership after 30 years.

Also known as prescription acquisitive, usucapion is outlined in Article 2258 of the Code Civil and in the articles which follow it.

Only property (biens) and not businesses or intellectual property can be usurped.

The 30 year period cannot include any time when you rented the property, borrowed it or had any other contract with the owner.

Effectively you have to be able to convince the judges that you legitimately believed you were the owner, and that you acted on this belief.

Read more: France’s ‘garden shed’ tax – how to check if previous owners paid and what if they did not?

Usucapion: four aspects

Judges will look at four key aspects:

• The continuity of your possession of the property over 30 years without any long breaks; 

• The person asking for the right to take ownership of the property must have acted peacefully — they cannot have gained access by breaking and entering at the start of the possession;

• The person asking for the usurpation must have acted publicly, and; 

• They must have not shown any doubt about their possession of the property.

To further complicate things, acting in good faith is not necessary to usurp property. People who acted in bad faith at the start of the possession can do so – as long as they did not break and enter or act violently.

In theory, the courts can ask for proof, in any form, of the possession for 30 years, but in practice this is always difficult to get.

Another legal concept, similar to the English claim that “possession is nine-tenths of the law”, can then come into play.

The legal Latin phrase, in pari causa melior est causa possidentis, means that if there is any doubt about the ownership of the property, preference is given to the one who has possession of it.

Read more: Are we required to connect our French home to new communal sewage system?

Proof of possession

In order to convince the judge that there is a legitimate doubt over the ownership, you have to show your possession through things like paying the taxe foncière, witness statements, or photographs over the 30 years.

Most of the cases of usucapion in French courts happen when the owner of the property turns up after 30 years, and tries to expel the occupier from their land or house.

The occupier can then apply to usurp the property, which means they will be safe from eviction.

As always, if you want to try and usurp land legally, the first step is to find a specialist avocat to take the case to court – something which might cost more than the field next door is worth.