In Belgium

Acquisitive prescription (prescription acquisitive / verkrijgende verjaring) is a legal mechanism by which a person acquires ownership of a property through prolonged, uninterrupted possession. It is codified in Book 3 of the new Belgian Civil Code (2020 reform).

Two forms:

  • Ordinary prescription (30 years). No title or good faith required. The possessor must demonstrate 30 years of continuous, peaceful, public and unambiguous possession.
  • Shortened prescription (10 years). Requires a “just title” (e.g. a defective deed of sale) and good faith (the possessor genuinely believed they acquired valid ownership).

How it works

Conditions of possession. The possession must be:

  • Continuous — without significant interruption
  • Peaceful — not obtained by violence or fraud
  • Public — openly exercised, not concealed
  • Unambiguous — the possessor acts as owner, not as a tenant or borrower

Tenant exclusion. A tenant cannot acquire ownership through prescription because they hold the property on behalf of the owner (precarious possession). However, if the nature of their possession changes fundamentally (e.g. they openly deny the landlord’s ownership and act as owner), the clock may start.

Judicial recognition. Acquisitive prescription does not operate automatically. The possessor must file a claim with the court to have their ownership recognised and registered in the land registry.

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Good to know
In practice, acquisitive prescription most commonly arises for boundary disputes (a fence encroaching on a neighbour’s land for decades) or for properties where the original deeds have been lost. It rarely applies in standard landlord-tenant relationships.

Practical example

A family has occupied and maintained a small plot of land adjacent to their property for 35 years, believing it was included in their purchase. They built a garden shed, planted trees and paid the precompte immobilier on it. When the actual owner’s heirs discover the situation, the family files for acquisitive prescription. The court recognises their ownership based on 35 years of continuous, peaceful and public possession.