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Extraordinary acquisitive prescription (adverse possession)

28.01.2019

Starting from January 1, 2019, the doctrine of extraordinary acquisitive prescription may be used to gain title to real estate in the Czech Republic.

Under the transitional provisions in Section 3066 of the Civil Code, the extraordinary acquisitive prescription period must extend for at least five years from the date when the Civil Code took effect, i.e. January 1, 2014. The period also includes any uninterrupted time when the claimant (or its predecessor) possessed the real estate before the Civil Code’s effective date.

Based on the rules on prescription, this means that when calculating the extraordinary acquisitive prescription period, the relevant starting date is fifteen years before the Civil Code took effect. Title can only be gained on this basis after January 1, 2019.