What is extinctive prescription in real estate?
Extinctive prescription consists in extinguishing a pre-existing presumptive right of ownership through peaceful, notorious, uninterrupted and unequivocal possession.
In accordance with the Beninese Land and Property Code, this procedure can be initiated after a period of ten (10) years has elapsed during which the possessor has behaved like the owner, without having the title.
The extinctive prescription established by judicial procedure on request of the beneficiary.
The judge rules and renders a decision that confers ownership (judicial decision with the authority of res judicata).
References
CFD = Land and Property Code
Ownership is also acquired by accession, incorporation, prescription and other effects of obligations.
Within the meaning of this Code, extinctive prescription consists in extinguishing a pre-existing presumptive right of ownership by peaceful, notorious, uninterrupted and unequivocal possession for ten years.