Property sitting and holder's heir

The sitting of the property follows the cumulative occurrence of several conditions, i.e. the uninterrupted possession of an essential thing and the expiry of the term – in the event of good faith 20 years and bad 30 years.

Good faith includes situations where the holder has the wrong and justified belief that he has the property right. In turn, if a person realises that he does not have a legal title to the property, or has not given due care to find out who owns the property, he is talking about bad faith. In the case of immovable property, the good faith of the holder is not a condition for sitting, it merely affects the length of the required term of possession.

The sitting will not take place in the event of a subsidiary, e.g. in the lease ratio, but only in the case of a self-contained one.

Self-proprietary ownership can be referred to in the situation of property ownership in the performance of an invalid contract, which was intended to result in a transfer of ownership, such as a donation agreement, a sale agreement.

This also applies to the case where the heirs of a self-employed holder who was not the owner or by persons who consider themselves to be heirs of the former owner.

In order to sit down the property, the question of the continuity of ownership is important, but the temporary obstacle preventing possession does not interrupt possession.

Heritage

When the inheritance is opened, the law passes on to the heirs all the legal effects that arise from the possession of things by the heir. However, this does not depend on the heirs actually taking over the thing, that is, whether there is a continuation of possession of things.

In addition, the regulation contained in Article 176 The KPC allows the current holder to add to the time he owns, the time he owns his predecessor, which also applies to the heir including possession after the previous holder.

However, if the previous holder has acquired the property in bad faith, the time of possession of the property may be added only if, together with the time of possession of the current holder, at least thirty years.

Importantly, in the case of several heirs, ownership becomes co-ownership. Participation in joint ownership is also possible. At that time, the seeking co-owner must demonstrate that he has extended his own personal possession and that he has sufficiently clearly demonstrated this change in relation to the co-owner to whom he belonged.

Who can apply for a property sit-down?

Any interested party may submit an application for a sit-down of the property. If the heir has fulfilled the conditions for the acquisition of the property by the sitting, the heirs may submit an appropriate application in the succession and inheritance proceedings or in separate settlement proceedings.

The finding of a sit-down of the property may only be made to the person designated by the applicant or another participant of the proceedings if it is apparent from their claims and the findings of the court that the sitting of the property has entered the property of the applicant and his or her spouse, whom the application did not concern.

However, in such a situation, the court should draw the attention of the participants to the possible need to amend the application[1]. The judgment given in such a case is of a declaratory nature, as it comes from the law itself. The decision therefore only confirms the acquisition of a certain property.