[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"blog-meta-en":3,"settings":17,"blog-kad-posjed-postaje-vlasnistvo-dosjelost-i-sudska-zastita-vasih-prava-en":84},{"title":4,"subtitle":5,"seo":6,"categories":10},"Blog","Latest news, publications and professional analyses from the field of law.",{"title":7,"description":8,"ogImage":9},"Blog | Law Office Luka Mrkić","Latest legal news, publications and professional analyses. Law Office Luka Mrkić, Zadar, Croatia.","/assets/og-blog.jpg",[11,14],{"id":12,"label":13},"novosti","News",{"id":15,"label":16},"publikacije","Publications",{"siteName":18,"siteUrl":19,"defaultLocale":20,"contact":21,"social":28,"footer":30,"navigation":34,"mapEmbedUrl":61,"contactPresets":62},"Odvjetnički ured Luka Mrkić","https://lukamrkic.hr","hr",{"phones":22,"email":25,"address":26,"addressLink":27},[23,24],"+385 23 701 888","+385 95 7009 342","odvjetnik@lukamrkic.hr","Zrinsko-Frankopanska 38, 23000 Zadar, Hrvatska","https://maps.google.com/?q=Zrinsko-Frankopanska+38+Zadar",{"linkedin":29,"facebook":29,"instagram":29},"",{"legalText":31,"copyrightText":32,"creditText":33},"Odvjetnički ured Luka Mrkić pruža visokokvalitetne pravne usluge s naglaskom na individualni pristup svakom klijentu.","© 2025 Odvjetnički ured Luka Mrkić. Sva prava pridržana.","Web by CodeRed",{"main":35,"footer":55},[36,39,42,46,49,52],{"label":37,"url":38},"Početna","/",{"label":40,"url":41},"O nama","/o-nama",{"label":43,"url":44,"children":45},"Područja prakse","/podrucja-prakse",[],{"label":47,"url":48},"Naš tim","/nas-tim",{"label":50,"url":51},"Objave","/objave",{"label":53,"url":54},"Kontakt","/kontakt",[56,57,58,59,60],{"label":40,"url":41},{"label":43,"url":44},{"label":47,"url":48},{"label":50,"url":51},{"label":53,"url":54},"https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d2879.5!2d15.2388472!3d44.1076802!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x4761fa8a60de4bed%3A0x1265bebba2680f68!2sUl.%20Zrinsko%20Frankopanska%2038%2C%2023000%2C%20Zadar!5e0!3m2!1sen!2shr!4v1706300000000!5m2!1sen!2shr",{"hr":63,"en":70,"de":77},{"meeting":64,"email":67},{"subject":65,"message":66},"Zahtjev za online sastanak","Poštovani,\n\nŽelio/željela bih dogovoriti online sastanak radi pravnog savjetovanja.\n\nDostupan/dostupna sam putem platforme Zoom ili Microsoft Teams.\nPreferirana vremena: [unesite okvirno vrijeme dostupnosti]\n\nKratki opis predmeta:\n[opišite ukratko o čemu se radi]\n\nS poštovanjem,",{"subject":68,"message":69},"Upit za pravno savjetovanje","Poštovani,\n\nObraćam Vam se s upitom vezanim za:\n[opišite predmet upita]\n\nOsnovne informacije:\n[navedite relevantne podatke]\n\nMolim Vas za povratnu informaciju.\n\nS poštovanjem,",{"meeting":71,"email":74},{"subject":72,"message":73},"Online meeting request","Dear Sir/Madam,\n\nI would like to schedule an online meeting for legal counseling.\n\nI am available via Zoom or Microsoft Teams.\nPreferred times: [enter your approximate availability]\n\nBrief description of the matter:\n[briefly describe what it is about]\n\nKind regards,",{"subject":75,"message":76},"Legal counseling inquiry","Dear Sir/Madam,\n\nI am contacting you regarding:\n[describe the subject of your inquiry]\n\nBasic information:\n[provide relevant details]\n\nI look forward to your response.\n\nKind regards,",{"meeting":78,"email":81},{"subject":79,"message":80},"Anfrage für Online-Meeting","Sehr geehrte Damen und Herren,\n\nich möchte ein Online-Meeting zur Rechtsberatung vereinbaren.\n\nIch bin über Zoom oder Microsoft Teams erreichbar.\nBevorzugte Zeiten: [geben Sie Ihre ungefähre Verfügbarkeit an]\n\nKurze Beschreibung der Angelegenheit:\n[beschreiben Sie kurz, worum es geht]\n\nMit freundlichen Grüßen,",{"subject":82,"message":83},"Anfrage zur Rechtsberatung","Sehr geehrte Damen und Herren,\n\nich wende mich an Sie bezüglich:\n[beschreiben Sie den Gegenstand Ihrer Anfrage]\n\nGrundinformationen:\n[geben Sie relevante Daten an]\n\nIch freue mich auf Ihre Rückmeldung.\n\nMit freundlichen Grüßen,",{"id":85,"slug":85,"title":86,"excerpt":87,"content":89,"category":12,"author":162,"publishedAt":163,"featuredImage":164,"tags":165,"seo":166,"published":169},"kad-posjed-postaje-vlasnistvo-dosjelost-i-sudska-zastita-vasih-prava","When Possession Becomes Ownership – Acquisitive Prescription and Judicial Protection of Your Rights",[88],"You possess a certain item, movable or immovable, for a certain period of time, and you are interested in the legal conditions and the possibility of acquiring ownership of that item. In this article, you will learn how long it takes for possession of an item to lead to acquiring ownership through acquisitive prescription, and how judicial practice confirms the application of these legal provisions.",[90,92,94,96,98,100,102,104,105,107,109,111,113,115,117,118,120,122,123,125,127,128,130,131,133,134,136,137,139,141,142,144,146,148,150,152,154,155,157,159,160],{"type":91,"text":88},"paragraph",{"type":91,"text":93},"\u003Cstrong> \u003C/strong>",{"type":91,"text":95},"\u003Cstrong>Acquiring Ownership Based on Law\u003C/strong>",{"type":91,"text":97},"In addition to legal grounds for acquiring ownership through a legal transaction, court decisions, or other competent authorities, and inheritance, the Croatian legal system also recognizes the acquisition of ownership based on law.",{"type":91,"text":99},"In the last-mentioned way, the acquirer gains ownership by fulfilling certain prerequisites prescribed by the Ownership and Other Real Rights Act (Official Gazette 91/96, 73/00, 114/01, 79/06, 141/06, 146/08, 38/09, 153/09, 143/12, 152/14, 81/15, and 52/25). Through such original (originary) acquisition, all existing real rights to the item cease because the acquirer does not base their right on a predecessor’s right but becomes the owner of the item independently of the ownership previously held.",{"type":91,"text":101}," ",{"type":91,"text":103},"In the Republic of Croatia, one of the best-known methods of acquiring ownership based on law is acquisitive prescription.",{"type":91,"text":101},{"type":91,"text":106},"\u003Cstrong>Prerequisites for Acquiring Ownership Through Acquisitive Prescription\u003C/strong>",{"type":91,"text":108},"Acquisitive prescription is the acquisition of ownership of an item through uninterrupted, independent possession of the item for a legally determined period of time.",{"type":91,"text":110},"As with other methods of acquisition, certain prerequisites must be met, depending on the truthfulness, legality, and honesty of the possessor, as well as the independent nature of possession of a specific quality.",{"type":91,"text":112},"Possession is lawful if the person has a valid legal basis for possession, for example, having concluded a sales contract but never registered as the owner of real estate in the land registry.",{"type":91,"text":114},"Possession is true if it was not acquired by force, fraud, secretly, or through abuse of trust. Possession is honest if the possessor, when acquiring it, neither knew nor had sufficient reason to suspect that the right to possess did not belong to them.",{"type":91,"text":116},"Additionally, the possessor must be capable of becoming the owner of the item, and the item must be capable of being an object of ownership rights.",{"type":91,"text":101},{"type":91,"text":119},"In principle, any item can be acquired through acquisitive prescription, except for those that no one can acquire ownership of, such as maritime property as public goods or public roads as inalienable public property.",{"type":91,"text":121},"The most important prerequisite is that possession has lasted uninterrupted for the legally specified period, which is called the prescription period.",{"type":91,"text":93},{"type":91,"text":124},"\u003Cstrong>Time Required for Acquisitive Prescription\u003C/strong>",{"type":91,"text":126},"The prescription period begins on the day the possessor acquired independent possession of the item and ends on the last day of the time required for prescription, unless it is interrupted or suspended in the meantime.",{"type":91,"text":101},{"type":91,"text":129},"According to the Ownership and Other Real Rights Act, there is ordinary and extraordinary prescription.",{"type":91,"text":101},{"type":91,"text":132},"For ordinary prescription, the independent possessor must have lawful, true, and honest possession and would acquire ownership of movables after 3 years and immovables after 10 years of uninterrupted independent possession. Extraordinary prescription allows an independent possessor whose possession is at least honest to acquire ownership of a movable after 10 years and an immovable after 20 years.",{"type":91,"text":101},{"type":91,"text":135},"If the independent possessor possesses property owned by the Republic of Croatia, counties, local and regional self-government units, as well as property owned by churches that do not seek profit but serve charitable or other public purposes, they will acquire ownership by prescription if their possession is lawful, true, and honest for 6 years for movables and 20 years for immovables. If their possession is only honest, they will acquire ownership by prescription after 20 years for movables and 40 years for immovables.",{"type":91,"text":93},{"type":91,"text":138},"Interruption and Suspension of the Prescription Period for Acquiring Ownership",{"type":91,"text":140},"It is important to note that, to acquire ownership, the independent possessor must possess the item continuously for the legally specified time. The prescription period may be interrupted due to factual or legal reasons.",{"type":91,"text":101},{"type":91,"text":143},"Factual reasons include cases where the possessor loses independent possession of the item or ceases to be honest.",{"type":91,"text":145},"Legal reasons include cases where the possessor acknowledges another’s ownership right or when the owner initiates a lawsuit or another legal action to exercise their ownership rights against the possessor. Interruption results in the loss of elapsed time, so the prescription period starts anew for the possessor.",{"type":91,"text":147},"Suspension of prescription occurs, for example, between spouses, between parents and children while parental rights last, in cases of imminent war danger or war, and similar circumstances. Suspension does not stop prescription but only extends the duration of the prescription period by the amount of time during which the suspension lasted.",{"type":91,"text":149},"The prescription period begins on the day the possessor acquired independent possession of the item and ends on the last day of the legally required prescription period.",{"type":91,"text":151},"The time required for prescription also includes the period during which the predecessors of the current possessor continuously possessed the item as lawful, honest, and true independent possessors or as honest independent possessors.",{"type":91,"text":153},"A successor becomes an honest possessor from the moment the inheritance opens and in the case when the testator was a dishonest possessor, but not if the successor knew or should have known about it.",{"type":91,"text":93},{"type":91,"text":156},"\u003Cstrong>How Courts Protect Ownership Rights – Judgments Confirming the Law\u003C/strong>",{"type":91,"text":158},"Judicial practice confirms the aforementioned legal positions regarding acquiring ownership through acquisitive prescription, particularly through decisions such as the Decision of the Supreme Court of the Republic of Croatia Rev 1721/17 of February 4, 2020, and the Judgment of the County Court in Zadar Gž-838/19 of April 23, 2020, which rely on the established practice of the European Court of Human Rights in the cases of Trgo v. Republic of Croatia, Radomilja and others v. Republic of Croatia, and Jakeljić v. Republic of Croatia, further solidifying the legal framework for acquiring ownership through prescription.",{"type":91,"text":101},{"type":91,"text":161},"These judgments further strengthen the legal framework and demonstrate that acquiring ownership through acquisitive prescription in the Republic of Croatia is well-defined and legally protected.","Luka                                                               Mrkić","2026-04-06",null,[],{"title":167,"description":168},"Acquiring Ownership Through Prescription in Croatia","Here you can find all the information about acquiring ownership through prescription",true]