Real estate

Adverse possession of real estate: conditions, time limits, and evidence for acquiring ownership

28 October 2026 / Regent Zagreb

Summary

Adverse possession is a legally regulated method of original acquisition of ownership based on independent possession of a certain quality that continuously lasts for a legally prescribed period. For real estate, 10 years are required if the possession is lawful, genuine, and in good faith, or 20 years if the possession is at least in good faith. For certain real estate owned by the state, units of local and regional self-government, and some legal entities, the periods are double, 20 or 40 years. Ownership is acquired by operation of law when the prerequisites are met, and a court judgment establishes this right and serves as the basis for registration in the land registry. Therefore, for a buyer of land or older real estate, it is not enough to check only the title deed.

Key facts

Adverse possession is an original acquisition of ownership based on possession, without a legal transaction with the previous owner.
The period is 10 years for lawful, true, and bona fide possession, and 20 years for at least bona fide possession.
For certain properties owned by the state, local self-government units, and some legal entities, the periods are double: 20 and 40 years, respectively.
Bad faith possession does not lead to adverse possession.
Ownership is acquired by operation of law when the conditions are met, and a judgment establishes this and serves as the basis for registration.
The possession of a predecessor, including the decedent, can be counted towards the required period.

Acquisitive prescription is a legally regulated way of original acquisition of ownership based on continuous, independent possession of a certain quality for a legally prescribed period. For real estate, 10 years are required if the possession is lawful, genuine, and honest, or 20 years if the possession is at least honest. For certain properties owned by the state, local and regional self-government units, and some legal entities, the deadlines are doubled, 20 and 40 years respectively. Ownership is acquired by law itself when the conditions are met, and a court judgment establishes this right and serves as a basis for entry in the land registry. Therefore, for a buyer of land or an older property, it is not enough to check only the ownership certificate.

Acquisitive prescription of real estate most commonly occurs in three life situations: with family land that has been used for generations by someone not registered as the owner, with neighboring parcels whose physical boundary does not match the cadastral one, and with property acquired based on an old contract that later proved to be formally invalid. In all three cases, the same person has been treating the property as the owner for years, while the land registry shows something else. From our experience working with buyers, the issue of acquisitive prescription most often arises with older properties and land, when the registered owner and the actual user are not the same person. In this guide, we explain the conditions, deadlines, proof, and registration, and what it means for purchasing. The general course of purchase is described in the guide on the real estate purchase process in Croatia.

What is acquisitive prescription and when can it arise
Conditions for acquiring ownership through acquisitive prescription
Acquisitive prescription periods: 10, 20 or 40 years
How acquisitive prescription is proven
How ownership acquired through acquisitive prescription is registered in the land registry
What acquisitive prescription means for buyers and investors
How Regent can help you
Frequently asked questions

Key Insights

Acquisitive prescription is the original acquisition of ownership based on possession, without a legal transaction with the previous owner.
The period is 10 years for lawful, genuine, and honest possession, and 20 years for at least honest possession.
For certain properties owned by the state, self-government units, and some legal entities, the deadlines are doubled: 20 and 40 years respectively.
Dishonest possession does not lead to acquisitive prescription.
Ownership is acquired by law itself when the conditions are met, and a judgment establishes this and serves as a basis for registration.
The possession of predecessors, including the testator, can be included in the required time.

What is acquisitive prescription and when can it arise

Acquisitive prescription is a legally regulated way of acquiring original ownership: one does not become an owner by transfer from a previous owner, but because someone has possessed the property for a sufficiently long period in a legally prescribed manner. The rules are regulated by the Property and Other Real Rights Act (NN 91/96, 68/98, 137/99, 22/00, 73/00, 129/00, 114/01, 79/06, 141/06, 146/08, 38/09, 153/09, 143/12, 152/14, 81/15, 94/17 and 52/25), and this guide addresses acquisitive prescription of real estate. The process of acquisitive prescription does not change who used the property. The law legally recognizes what is already a factual state, so it can be proven and registered in the land registry, thereby becoming legally undisputed.

Professional tip: If you are buying land that someone else has been using for years, do not rely solely on the ownership certificate. Also check the actual state of possession on the ground.

Conditions for acquiring ownership through acquisitive prescription

Not every long-term possession is sufficient. The law distinguishes several qualities of possession that are evaluated together:

Independent possession: the possessor holds the property as if they were its owner, and not as a tenant, lessee, or usufructuary. Whoever uses the property with the owner's permission does not acquire it through acquisitive prescription.
Lawful possession: the possessor has a valid legal basis for possession.
Genuine possession: possession was not acquired by force, secretly, by fraud, or abuse of trust.
Honest possession: at the time of acquisition, the possessor neither knew nor, according to the circumstances, had sufficient reason to suspect that the right of possession did not belong to them.
Continuity: possession must last continuously for the entire required period, and after acquisition, it is considered permanent until proven otherwise.

Dishonest possession is not sufficient for acquiring ownership through acquisitive prescription: at least honest possession is always required for acquisitive prescription. A valid legal basis, in contrast, is not always necessary, which is why acquisitive prescription is also considered for land that has been used for decades without a valid contract.

Professional tip: Before assessing whether someone has a basis for acquisitive prescription, examine the basis on which possession began: contract, oral agreement, inheritance, or mere use. This beginning most often determines which period applies.

Acquisitive prescription periods: 10, 20 or 40 years

Acquisitive prescription periods are prescribed by Article 159 of the Property and Other Real Rights Act and depend on the quality of possession:

10 years: independent possession of real estate that is lawful, genuine, and honest and lasts continuously for 10 years.
20 years: possession that is at least honest, without the obligation of being lawful and genuine.
20 or 40 years: for certain properties owned by the Republic of Croatia, counties, local and regional self-government units, and certain legal entities, including churches and some non-profit legal entities, double the time applies: 20 years for lawful, genuine, and honest possession, and 40 years for at least honest possession.

Adding the possession of parents, grandparents, and other predecessors

For family land, the time does not have to be counted only from the moment the current possessor began to use the property. According to Article 160, the time during which the predecessors of the current possessor continuously possessed the property in the appropriate quality can be included in the required time. Possession transfers to the heir upon the death of the testator, and the heir becomes an honest possessor from the moment of the opening of the inheritance, even if the testator was dishonest, unless the heir knew or ought to have known about it.

Interruption and suspension of the period

Rules on the interruption and suspension of limitation periods apply mutatis mutandis to the interruption and suspension of the acquisitive prescription period. Therefore, initiating appropriate judicial or other proceedings may affect the course of the period, but the effect depends on the type of proceedings and specific circumstances.

State and municipal properties and public goods

Properties owned by the Republic of Croatia and self-government units are not generally exempt from acquisitive prescription; instead, double periods apply to them, unless acquisition is excluded by a special regulation. Public goods, for example, the seashore, by their nature cannot be subject to private ownership. For special categories of properties, check the specific law.

Professional tip: For family properties, always check the documentation of previous owners and heirs. The period of possession of legal predecessors can, under certain circumstances, be included in the time required for acquisitive prescription.

How acquisitive prescription is proven

Acquisitive prescription is proven by the totality of evidence showing who possessed the property, in what capacity, since when, how, and whether the possession was continuous and honest. The burden of proof lies with the possessor claiming to have acquired ownership.
The court most often takes into account:

witness statements that can confirm the duration and continuity of possession
utility bills, real estate tax payments, or other public charges in the name of the possessor
geodetic survey and identification of a part of the property when the parcel boundary is disputed, not the entire property
photographic and other documentation showing continuous use of the property over a longer period

The older and more continuous the documentation, the stronger the possessor's position. Owners usually do not have it organized until they really need it, so it is useful to start collecting it immediately, while witnesses and documents still exist. The procedure is initiated by a lawsuit for the determination of ownership rights through acquisitive prescription. The lawsuit is filed with the competent court in whose territory the property is located, and in a typical dispute between natural persons, this is a municipal court. The assessment of which period and which conditions apply to a specific case, the collection of evidence, and the drafting of the lawsuit should be entrusted to a lawyer.

Professional tip: If there is a possibility of a ownership dispute, resolve the issue of acquisitive prescription before purchasing, not after signing the contract.

How ownership acquired through acquisitive prescription is registered in the land registry

Ownership by acquisitive prescription does not arise merely by the rendition of a judgment. If all legal prerequisites are met, ownership is acquired by law itself (Art. 129 of the Property and Other Real Rights Act). A court judgment in proceedings for the determination of ownership rights serves to establish such acquired right and can be the basis for its registration in the land registry. A final judgment establishing ownership rights acquired through acquisitive prescription can be the basis for entry, if it is suitable for land registry entry and contains the necessary data on the property and the right, according to the Land Registry Act (NN 63/19, 128/22, 155/23 and 127/24). The application for registration is now submitted electronically, through a public notary or a lawyer. We describe the registration process in the guide on property registration in Croatia. Non-registration has a legal consequence. A person who has acquired ownership of a property by law may request registration (Art. 130), but such ownership cannot be opposed to a person who, in good faith and relying on the land registry, registered their right before the right acquired by law was registered. Therefore, until registration is carried out, the land registry still protects a bona fide third-party acquirer.

Professional tip: If you have acquired ownership through acquisitive prescription, do not delay initiating the registration procedure. Until the right is registered, you could be jeopardized by a person who, in good faith, relied on the land registry.

What acquisitive prescription means for buyers and investors

For domestic buyers, the issue of acquisitive prescription most often arises with inherited land without proper registration, a situation that can remain unresolved for years until the property is actually attempted to be sold or used as collateral for a loan. For investors considering buying land or older properties, this is part of a standard legal due diligence before signing. When buying an older property or land, it is not enough to check only the name of the registered owner. It is necessary to check if there is a person who has long-term possession of the property or a part of it and possibly claims to have acquired ownership through acquisitive prescription. How to read the land registry status is explained in the guide on ownership certificate, land registry, and cadastre, and the scope of other checks in the guide on property inspection before purchase.

Professional tip: Before signing the pre-contract, visit the property and talk to the neighbors: who uses it, since when, and on what basis. The answers often reveal what the land registry does not show.

How Regent can help you

Regent can help you with the initial verification of the land registry status, documentation, and potential risks related to the property. If the question of possible acquisition of ownership through acquisitive prescription arises during the verification, the matter should be thoroughly assessed by a lawyer, especially before concluding a purchase agreement. The procedure for determining acquisitive prescription is conducted by a lawyer, not an agency. To start, contact us or see what buying with Regent looks like.

Frequently asked questions

What is real estate acquisitive prescription?

Real estate acquisitive prescription is a legally regulated way of original acquisition of ownership based on continuous, independent possession of a certain quality for a legally prescribed period. Unlike buying, donating, or inheriting, it does not require a legal transaction with the previous owner.

How many years are needed for real estate acquisitive prescription?

For real estate acquisitive prescription, 10 years of continuous independent possession that is lawful, genuine, and honest are required, or 20 years if the possession is at least honest. For certain properties owned by the Republic of Croatia, counties, local and regional self-government units, and some legal entities, the deadlines are doubled, 20 and 40 years respectively (Art. 159 of the Property and Other Real Rights Act).

Can ownership be acquired through acquisitive prescription without a contract?

Yes, ownership can be acquired through acquisitive prescription without a contract and without a valid legal basis, if the independent possession is at least honest and lasts for 20 years. A valid legal basis, along with genuine and honest possession, shortens the required time to 10 years.

Can the time during which parents or grandparents possessed the property be included?

Yes, the time during which the predecessors of the current possessor continuously possessed the property in the appropriate quality can be included in the required time (Art. 160). Possession transfers to the heir upon the death of the testator, so for family land, the period does not necessarily have to run only from the moment the current possessor began to use the property.

Can state or municipal land be acquired through acquisitive prescription?

Yes, but with double periods and if the acquisition is not excluded by a special regulation. Public goods, for example, the seashore, cannot by their nature be subject to private ownership and thus cannot be acquired through acquisitive prescription; for special categories of properties, check the specific law.

How is acquisitive prescription proven?

Acquisitive prescription is proven by the totality of evidence showing who possessed the property, in what capacity, since when, how, and whether the possession was continuous and honest. In practice, this includes witness statements, bills and tax documentation, geodetic surveys when a parcel boundary is disputed, and photographic documentation.

How is ownership acquired through acquisitive prescription registered in the land registry?

Ownership acquired through acquisitive prescription is registered in the land registry based on a final court judgment establishing that right, if it is suitable for registration and contains the necessary data on the property and the right. The application for registration is submitted electronically, through a public notary or a lawyer.