Order No. 8621 of 2024: Accretion of Possession and the Cadastral System

The recent Order No. 8621 of April 2, 2024, issued by the Court of Cassation, offers an important interpretation regarding the relationship between accretion of possession and the cadastral registration system. This topic, of significant importance in the field of real estate law, deserves careful analysis, especially in light of current civil law provisions and established case law.

Accretion of Possession and the Cadastral System

The Court has clarified that the institution of accretion of possession is not necessarily incompatible with the cadastral system. In fact, the judge must examine the content of the title of transfer of the real right to verify if it presents sufficient elements to demonstrate the exact boundaries of the property. The ruling establishes that incompatibility exists only in cases of absolute lack of registration of the transferor's title of ownership.

(CADASTRAL SYSTEM) In general. Regarding real estate publicity, the institution of accretion of possession is not always incompatible with the cadastral system; it is necessary to examine the content of the title of transfer of the real right and verify if it presents elements suitable for demonstrating its exact boundaries, as incompatibility exists only where there is an absolute lack of registration of the transferor's title of ownership, whereas if it exists, it is necessary to verify if, along with the ownership of the property, there are the prerequisites to also recognize the accretion of possession of any real rights of easement, or co-ownership, on different properties, serving the transferred one.

Implications of the Ruling

The decision of the Court of Cassation implies a re-reading of the legal principles relating to real estate publicity. Accretion of possession, therefore, can be recognized even in the presence of a cadastral system, provided that there are clear and documentable elements in the transfer title. In this regard, it is important to consider the following aspects:

• The need for correct registration of the title of ownership;
• The assessment of any real rights of easement or co-ownership;
• The importance of documentation in defining the boundaries of the property.

Conclusions

In conclusion, Order No. 8621 of 2024 represents a significant step in understanding the relationship between accretion of possession and the cadastral system. It emphasizes the importance of verifying transfer titles and associated real rights. This ruling not only clarifies the conditions of compatibility between the two institutions but also invites a more in-depth analysis of legal documentation, which is essential for protecting the rights of owners and buyers in the complex landscape of real estate law.