Verkrijgende verjaring

Acquisitive prescription, also referred to as acquisitive limitation, is a legal institution under Dutch property law by which prolonged possession gives rise to the acquisition of ownership. It is governed by Article 3:99 et seq. of the Civil Code and applies to both movable and immovable property. The applicable period varies according to whether the possessor is in good or bad faith.

The regime enhances legal certainty by ultimately conferring legal effect on long-established factual situations. Possession in good faith requires a period of ten years, whereas possession in bad faith requires twenty years. In the case of immovable property, registration in the public registers is frequently required.

In practice, acquisitive prescription is commonly relied upon in boundary disputes between neighbours or in situations of long-standing possession where no formal transfer has occurred.