A precarious possessor cannot acquire title by adverse possession

Application pratique:

This case law clarifies that because Pierre's possession is 'precarious' (based on a lease and rent payments recognising the owner's title), he cannot acquire the land by mere passage of time. To convert his possession into adverse possession, he would need an unequivocal act contradicting the owner's rights—such as publishing a notarial deed asserting ownership or publicly denying the lease. Pierre should not stop paying rent without legal advice, as this alone may not suffice and could lead to eviction.

Application pratique:

The court ruling shows that Mr. Dupont's initial use was permissive (precarious) and cannot ripen into ownership unless he later performed an act contradicting the owner's rights. Sophie should look for evidence that the use was always tolerated (e.g., friendly emails, verbal permission) and check if Mr. Dupont ever registered a notarial deed claiming that land. If no such contradictory act occurred, his claim likely fails. Sophie should secure her position by having a surveyor mark the boundaries and possibly grant Mr. Dupont a revocable licence to use the space, confirming it is by permission only.

Application pratique:

The case law indicates that her possession began as precarious because other co-owners merely tolerated the use. To succeed, she would have needed to perform an act contradicting the co-ownership rights, like publishing a notarial deed asserting exclusive ownership or blocking access with a permanent structure while openly denying others' rights. The co-owners can defend against her claim by showing that her use was permissive and never inverted. They should formalise the communal nature of the room in the co-ownership regulations and send a letter explicitly revoking any tolerance to prevent future adverse possession claims.