A third party who, protected by § 2355 of this title, acquires ownership or any right which implies possession shall be protected from an usucapient by the registry document attesting authority, whether it be by acquisitive or adverse possession, if he did not know of the usucapion carried out or in progress in behalf of a person other than its conveyor, and if within a year after the acquisition, he brings suit to disclaim the effects of the usucapion carried out before the acquisition or within said period of time. Once this period has elapsed, the protection given in this section shall cease for the third party, and the title shall be judged and the time shall be counted in accordance with civil law.
When the possession consists of a negative easement which can be acquired by adverse possession, the term of one year shall start at the moment the third party learned of its existence, or failing this, at the moment when an act occurs that hinders the freedom of the servient tenement already in his possession.
Real rights limiting ownership which do not imply possession, acquired on someone else’s right by a third party who meets the requirements established in § 2355 of this title, shall not be affected by the out-of-registry usucapion of the right on which they exist.
The third acquirer of real rights when faced with extinctive prescription shall have the same protection this section provides against the effects of usucapion.
A person who acquires property from a third party shall have the same rights hereby granted to his predecessor in title, provided he complies with the same requirements and with those established in § 2355.
History —Mortgage Law, 1979, § 107.