USUCAPIO, OR USUCAPTIO

A term of Roman law used to denote a mode of acquisition of property. It corresponds very nearly to the term “prescription.” But the prescription of Roman law differed from that of the English law, in this: that no mala fide possessor (i.e., person in possession knowingly of the property of another) could, by however long a period, acquire title by possession merely. The two essential requisites to usucapio were justa causa (i.e., title) and bona fides, (ignorance.) The term “usucapio” is sometimes, but erroneously, written “usucaptio.” Brown. See Pavey v. Vance, 56 Ohio St. 162, 46 N. E. 898. Usucapio constitute est ut aliquis Utium finis esset. Prescription was instituted that there might be some end to litiga-tion. Dig. 41, 10, 5; Broom, Max. 894, note.