Glossary entry

French term or phrase:

prescription immobilière

English translation:

adverse possession

Added to glossary by Joy Gehner
Jun 24, 2008 00:41
15 yrs ago
2 viewers *
French term

prescription immobilière

French to English Bus/Financial Finance (general)
This is in a list of services provided by a bank in the area of real estate. I find references to it on the web; it appears to refer to some kind of real estate acquisition process, but I can't find a clear enough definition to figure out an English equivalent. Any helpers out there? Thanks!

Discussion

MMFORREST Jun 24, 2008:
Néanmoins,ce délai est ramené à un temps plus court lorsque la personne qui prescrit prouve avoir été un possesseur de bonne foi ,par exemple,elle a pu ignorer le vice dont se trouvait atteint son titre d'acquisition . Dictionnaire Du Droit Privé
MMFORREST Jun 24, 2008:
Envisagé comme mode d'acquisition de la propriété immobilière , elle prend le nom d'"usucapion".Les effets de la prescription immobilière se produisent après une possession ininterrompue de trente ans .

Proposed translations

+1
1 hr
Selected

adverse possession

Hi Joy, Me again. I think this refers to real estate that has a questionable title, and one can get clear title by establishing that he or she has occupied the property for the legally specified time. I think this means they provide services for this kind of property: title, refinancing, insurance, mortgage, etc.

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Note added at 2 hrs (2008-06-24 03:12:18 GMT)
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I think another word, in French and English, for prescription immobilière is usucaption and definitely correct, but I don't know how many people would recognize it. Usucaption was misspelled usucapion in Anders' French dictionary entry. I have never heard the term "positive prescription", but I have often dealt with "adverse possessiom". It is much more common in older countries where property has been held and transferred for centuries. I think Usucaption is definitely correct, but used mostly by lawyerish types. I still say "adverse possession services" would be more widely understood.

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Note added at 2 hrs (2008-06-24 03:27:19 GMT)
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Sorry to drivel on, but I think prescription in US law (I'm not a lawyer) usually just conveys use of a property, easement or usufruct, not title. You need title to get a mortgage or otherwise use property for collateral, unless you are just pledging the usufruct of the property, which is rare.

Adverse possession is similar to squatting, but if you squat, there are statutes of limitation that give you title if you squat long enough and no one challenges you. It happens in Texas all the time. Usually people die, and their heirs are unaware of property. In Mexico I think it's only five years! I think it's 20 in Texas and 30 in France. It just means that if land has been in your family in France, say since 1600, somebody has lost the title, but you can prove that you have lived and paid taxes there for 30 years, you can apply for clear title and use it as mortgage collateral. You might run this by one of the agency's lawyer translators. rather than depend on finance people.

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Note added at 6 hrs (2008-06-24 06:55:49 GMT)
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I have had the opportunity to review MMForest comments. Googling "positive prescription". it looks like positive prescription is the Scottish term (thus possibly Canadian?) for US "adverse possession". Upon further research, I amend my confidence level to 5, and cite http://www.expertlaw.com/library/real_estate/adverse_possess...

Adverse possession does not imply "illegal" at all, although it sounds like it might. It just means that the claim may be in good faith (lost or confused title) or bad faith.\, squatting. Right by adverse possession when thusly and properly adjudicated, is legal and binding. Are your target readers Scottish, US, or other?
Note from asker:
Thanks, Joe!
PS did you see the 1st reference Anders gave? What do you think?
Thanks again, to both of you...
Peer comment(s):

neutral Anders G : this was actually my first thought, but this is basically squatting (unlike prescription which can be bona fide). See http://www.fao.org/docrep/005/x2038e/x2038e05.htm and http://encyclopedia.jrank.org/POL_PRE/PRESCRIPTION.html but i am not an expert...
28 mins
agree B D Finch : "Adverse possession" is certainly used in England and can often just relate to a fence having crept a bit (as they do when you don't watch them at night).
8 hrs
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4 KudoZ points awarded for this answer. Comment: "Joe, this looks like the best fit - according to "le client-roi" as well ;-). Positive prescription seems to be the same or similar, but less widespread."
+1
25 mins

positive prescription

See references
Note from asker:
Thanks, Anders!
Peer comment(s):

agree MMFORREST
4 hrs
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8 mins

homeowner credit/loans

not sure about the prescription, but cannot think of anything else a bank will do but give credit.

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Note added at 3 hrs (2008-06-24 04:25:13 GMT)
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how about home repossession? am i completely astray?
Note from asker:
This made me smile; thanks!
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-1
5 hrs

assistance with adverse possession claims (acquiring property/real estate)

Hello,

They are talking about "adverse possession" (prescription immobilière acquisitive, not "extinctive", where one loses the property through adverse possession).

Here, one is referring to "real estate" or "property" (immobilières), not "biens mobiliers" (non-movable goods)

Many factors have to be met in order to claim "adverse possession."


The internet is full of information on "adverse possession"



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Note added at 5 hrs (2008-06-24 06:24:55 GMT)
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Yes, this could refer to squatting as it's indeed an "illegal" way to claim adverse possession.

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Note added at 5 hrs (2008-06-24 06:29:01 GMT)
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Whether it was done "de bonne foi" or "de mauvaise foi" does not change the translation at all.

For your information, in Québec, the distinction seems to be no longer made in the court of law (de bonne foi/de mauvaise foi)

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Note added at 5 hrs (2008-06-24 06:30:27 GMT)
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You do have "prescription mobilière" which involves "movable goods" (not the case here)
Note from asker:
Thanks Matthew for all the in-depth thinking & research!
Peer comment(s):

disagree joehlindsay : I posted adverse possession and services first and added comments. I don't think it is just assistance with adverse possession claims, but also insurance, mortgages, other borrowing against adverse possesion properties, etc as well
49 mins
Thanks! I'm not sure I agree with you I know that you posted "adverse possessions" first. But, my answer is not just a mere copy of yours. Where did you mention "claims" in your answer? I just didn't say "adverse possessions" with identical explanation.
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23 hrs

acquisitive prescription

Acquiring a piece of immovable property by prescription.
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