usucapion
(juːzjuːˈkeɪpɪən)
[a. L. ūsū-capiōn-, ūsu-capio (whence F. and Sp. usucapion, It. usucapione, Pg. -capião), f. ūsū-capĕre to acquire ownership by prescription. Cf. usucaption.]
In Roman and Civil Law, the acquisition of ownership by long use or enjoyment; prescription in virtue of continuous undisturbed possession. Also fig.
| 1606 W. Birnie Kirkburial xix, The vnion is so indissoluble, that neyther prescription of tyme, vsucapion of person, nor boutgate of circumstance can giue a regresse. 1617 Collins Defence Bp. of Ely ii. x. 471 The name Catholike appertaining thereunto, by vsucapion forsooth, by plaine prescription, as Campian dreameth. 1681 Stair Instit. xxii. i. 433 Prescription which is short in Moveables, is commonly called Usucapion. 1765–8 Erskine Inst. Law Scot. iii. vii. §14 Thus things sacred or public could not by the Roman law be acquired by usucapion. 1841 Penny Cycl. XX. 117/2 Without affecting to give him ownership, which the law alone could give him by virtue of usucapion. 1855 Lorenz tr. Van der Keessel's Select Theses ccvii, By no means opposed to the usucapion of a movable thing in three years. 1871 Poste Gaius ii. 153/2 The Senate..decreed that such usucapions are revocable. |
| attrib. 1875 Poste Gaius (ed. 2) iv. 641 Possession..is transformed by a certain lapse of time into dominion; and is called Usucapion-possession. |
Hence
usuˈcapionary a., in virtue of usucapion.
| 1880 Muirhead Gaius Dig. 585 By completing his usucapionary possession, he cured the defect. |