Extraordinary acquisitive prescription of ownership

Abstract

Human rights are guaranteed across the nation through regulations grounded in principles of justice and "good living" (*buen vivir*); indeed, the right to private ownership of real estate is even affirmed in biblical teachings.

International conventions and domestic legal instruments guarantee the right to private property—specifically the American Convention on Human Rights, the Code of Private International Law (Bustamante Code), the Constitution of the Republic of Ecuador, the Organic General Code of Processes, the Civil Code, and various specific regulations and ordinances.

While every individual has the right to own and possess real estate, those who hold property in good faith and maintain regular possession for a period exceeding that established by law may petition the competent authority—the judicial system—to acquire legal title through "extraordinary acquisitive prescription" (adverse possession). This process allows them to secure ownership and, to guarantee that right, register the property in the Property Registry.

This article analyzes extraordinary acquisitive prescription in Ecuador, addressing the challenges posed by complex judicial procedures and the requirement for robust evidence.