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That's a more specific thing regarding hereditary titles. Acquiescence in the common law applies to any right. Could be water rights, grazing rights, certain in
by azernik 5y ago
That's a more specific thing regarding hereditary titles. Acquiescence in the common law applies to any right. Could be water rights, grazing rights, certain intellectual property rights (though those are generally registered in a way that infringing on them legally "unknowing" is hard), &c
If I have grazing rights on land that someone else owns, but don't actually graze there for decades and a new owner doesn't know about those rights, I can't then come back mad that his new fence infringes on the right that I've never asserted and he's not aware of.
- carlob 5y agoIn Italy we have something like that, that should translate to usucaption[0] or acquisitive prescription. The term for real estate is 20 years, for other types of property it is shorter. [0] https://en.wikipedia.org/wiki/Usucaption https://en.wikipedia.org/wiki/Usucaption
- azernik 5y agoWhereas in the common law, it being the f** common law, there's no fixed term and it's just "what does the judge think is in line with similar past cases".