In Judgment no. 18/2025, the Portuguese Supreme Court (Supremo Tribunal de Justiça) has harmonised case law on the possibility of acquiring, through adverse possession, spaces located in buildings subject to the condominium (horizontal property) regime.

 The Court held that a condominium owner may acquire a storage area by adverse possession, provided that:

• the possession meets the legal requirements for adverse possession; and
• the space has sufficient physical and structural autonomy to qualify as an independent unit, under Articles 1414 and 1415 of the Portuguese Civil Code.

 Although this decision does not have general binding force, it is of significant precedential value, with direct implications for legal risk management, the interpretation of condominium deeds and the definition of strategies to protect property rights.

To read the full article, please download the PDF file.