[a. L. ūsū-capiōn-, ūsū-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. 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, trans. 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 Usucapionary a., in virtue of usucapion.
1880. Muirhead, Gaius, Dig. 585. By completing his usucapionary possession, he cured the defect.
