Acquiring Property Ownership in Spain After 30 Years – Usucapión

---

Did you know that under Spanish property law, it is sometimes possible to become the legal owner of a property without ever signing a deed of purchase? Acquiring property ownership in Spain after 30 years (or in some special cases 20 years) is something not many people are aware of.

 This legal process is known as usucapión (also called acquisitive prescription or adverse possession).

It allows a person to acquire ownership of a Spanish property after 30 years of uninterrupted use and maintenance, provided certain conditions are met.

What Is Usucapión?

Usucapión is a concept in Spanish civil law that recognises long-term possession as a path to ownership. If someone has treated a property as their own for decades—living in it, paying the bills, and maintaining it—the law may allow them to register as the official owner. Even if they are not on the deeds.

This legal principle exists to give certainty in situations where the original owner has abandoned the property or where old informal agreements were never properly registered. We have seen this many times. Especially when the original owner has died and the heirs were not interested in the property.

How Long Does It Take?

There are two main timeframes under Spanish law:

Ordinary usucapión – 10 years with good faith and a defective legal title (for example, an invalid contract). So for example, there would need to be evidence of an agreement between the new owner and the old.

Extraordinary usucapión – 30 years without needing any legal title.

The 30-year period is the most common in cases where the occupant has no written deed but has continuously acted as the owner.

Requirements to Claim Ownership Through Usucapión

To succeed in a claim, the person must prove:

• Continuous possession of the property for at least 30 years.

• That they have acted as the true owner by:

• Paying local property tax (IBI).

• Covering utilities such as electricity, water, and rubbish collection.

• Carrying out repairs, renovations, or improvements.

• Using the property as a residence or for other lawful purposes.

• That no one has successfully challenged their possession during this time.

Strong documentary evidence—such as tax receipts, bills, and witness statements—is essential to demonstrate uninterrupted use. These need to be for each year of the occupancy, not just sporadically. This does not mean that the person with possession of the property has to live in Spain, just that they are using it and paying the bills.

How to Register Ownership After 30 Years

Usucapión does not happen automatically. Even after 30 years, the occupant must normally bring a court action to obtain legal recognition of ownership. Once the court rules in their favour, the judgment can be registered in the Spanish Land Registry, making the ownership official.

Why Usucapión Matters

Usucapión is especially important in cases involving:

• Abandoned Spanish properties where the legal owner is missing.

• Family inheritance disputes where property use was informal and undocumented.

• Foreign-owned homes in Spain left unattended for decades.

By using usucapión, long-term possessors can finally secure clear legal title and avoid future disputes.

Conclusion

Acquiring ownership of a Spanish property through usucapión is possible, but the process is complex and requires strong proof. If you have been living in and paying the bills for a property in Spain for decades, you may have a legal right to ownership. Professional legal advice is essential to evaluate your case and guide you through the court and registration process.

At Molina Solicitors, we have extensive experience in Spanish property law and can advise you on usucapión, inheritance disputes, and property ownership matters.  We have done several of these cases successfully.