¿Usucapión ordinaria de elementos comunes en la propiedad horizontal o adquisición a domino? Comentario a la STS nº 623/2024 de 8 mayo (JUR\2024\137837

Abstract

Sentence of the Spanish Supreme Court no. 623/2024, 8 May, refers to the sale and delivery of a flat capable of independent use, which is built in a space described as common in the constitutive title of the horizontal property. The condominium considers itself to be the owner, while the owner of the flat considers himself to have acquired by adverse possession, as resolved by the Supreme Court. In the commentary, the hypothesis that it is an acquisition a domino is considered.