The Protection of a Temple’S Rights as a Transferee of Ownership in Immovable Property Acquired by Adverse Possession

Abstract

This research article aims to 1) study the process of acquiring ownership of property and the protection of the rights of transferees, 2) study the concepts and theories related to the protection of rights of transferees acquiring property from adverse possession, 3) study the problems and causes regarding the protection of rights of transferees of property acquired through adverse possession, and                            4) propose guidelines for improving relevant laws and regulations to provide appropriate and fair protection for good-faith transferees who acquire immovable property derived from adverse possession for valuable consideration.

The research results reveal that acquiring ownership through adverse possession is an acquisition by operation of law. Possessors must petition the court for an inquiry and a certifying order before land registration. Although the Civil and Commercial Code contains provisions protecting good-faith transferees in several scenarios, it does not cover cases of transfers derived from adverse possession. The problem arises when the court subsequently revokes irregular judicial proceedings, rendering the ownership order void and the land registration revoked. Consequently, a temple, acting as a juristic person purchasing land in good faith for religious purposes, loses ownership based on the principle that a transferee has no better right than a transferor. The researcher proposes amending the Civil and Commercial Code by adding Section 1332/1 to close this legal loophole and fairly protect the rights of good-faith transferees who acquire land from adverse possession for valuable consideration.