For property rights with acquisitive prescription a complex legal structure is characteristic. Its main element is ownership. Next, consider what constitutes acquisitive prescription. 
Ownership: General Description
The most important quality of property rights is social recognition. People can determine whether a thing is in possession or not. In the case of a positive response, others are also able to form an opinion about the person who is its owner. The basis of such a judgment is the social assessment of various factors.
Key Ownership Criteria
The main sign is the purpose of the thing. If people see that the object is in such a status that is characteristic of other objects in their usual, normal circulation for personal or industrial purposes, then they conclude that it is in possession. Criteria such as place and time also have a certain value. Based on their social experience, others evaluate the possibility of such a thing, used in accordance with its purpose, to be in a given period in specific conditions. For analysis, the behavior of the host relative to the object is also available. If a person’s behavior is similar to that characteristic of others using similar objects to people, then the object is considered to be in possession. 
Recognition of ownership: acquisitive prescription
A legal entity or a citizen who does not act as the owner of a thing (object), but in good faith, continuously and openly owning it as a personal one, can register it with himself. Prior to the implementation of the registration procedure, a person can protect the object from encroachments of third parties. The statute of limitations depends on the category of the property. For most things, it is five years. The acquisitive prescription for real estate is established after 15 years. A person who has taken advantage of this legal opportunity may add to the period of his tenure the time during which the tenure of the person whose successor he acts in was carried out. 
Good faith
Acquiring prescription is subject to a number of conditions. One of the main ones is honesty. To comply with this principle, it is enough for the subject to be convinced that his behavior does not violate the interests of other persons according to the anomalous status of the thing. Prescription is a constitutional sign. She, in turn, predetermines other criteria. So, acquisitive prescription is characterized by openness and possession of a thing as personal. Along with this, good faith forms the conditions for the continuous manifestation of these three criteria in the complex. 
At its core, visibility and openness act as its individual aspects. The fact of hiding one’s possession from other people, except when it is necessary due to the specificity of properties, almost always indicates a lack of confidence in the impeccability of his behavior. In addition, the recognition of the benefits of claims from a person is also a basis for doubts about good faith. In particular, this may be a requirement to transfer to the latter the income or the fruits of the use of the thing (object).
Indisputable Cases
The most typical situation in which acquisitive prescription arises is the ownership of an orphaned object.The term "ownerless" should be understood as the absence of the owner or his unknown. There may also be a situation where the item was in the possession of the owner in any other way that does not contradict the law and does not apply to contractual relations. For example, the owner could forget a thing from another person and subsequently makes no demands and does not take other measures to return it. In these cases, there is no interest dispute between the direct owner of the object and its owner. If the first one does not appear and claims to recognize ownership of it, then transferring the property to the owner’s personal disposal will be seamless. 
Conflict of interest
Recognition of ownership in contentious cases is rather difficult. Such a situation, for example, can occur if the owner knows who the owner of the thing is. According to some experts, acquisitive prescription in such cases not only can, but should be applied to the object. Using norms, it is possible to eliminate the uncertainty of the ownership of the object. This, in particular, is relevant for cases when it is found that the legislation does not comply with the grounds according to which the entity intended to obtain the right of ownership, but acquired only the possibility of ownership. For example, an object was transferred pursuant to an invalid, contested or void transaction. However, circumstances did not allow the consequences of invalidity to apply. In this case, the right can only be acquired under the conditions of prescription.
Limitations
According to the position of YOU, the right of acquisitive prescription does not apply to cases when the possession of the object was carried out in accordance with the terms of the agreement. This may be, for example, a lease, gratuitous use, storage and so on. The consequence of this attitude will be the uncertainty of the state of things that the title owner could not claim from illegal possession. The reason, for example, may be a passage of limitation. 
Owner Features
The Civil Code of the Russian Federation allows to ensure the safety of the object from encroachments of other persons. This, in particular, applies to those who do not have the title to a disputed object and do not exercise open and fair ownership. In addition, the Civil Code of the Russian Federation makes it possible to add to the time of its ownership all the periods during which the title owner disposed of the object. This opportunity is implemented in the order of both singular and universal succession.
Period calculation
The rule, according to which the countdown of acquisitive prescription begins upon the completion of the claim, applies only to situations where a thing could be claimed on the basis of the vindication or similar requirements of the title owners. From this provision it follows that the calculation of the period should be carried out from the moment of transfer of the object, in any case, when the invalidity of the transaction was not determined by the guilty actions of the owner. 
Along with this, judicial practice tends to limit the interpretation of this norm. Authorized authorities often very categorically refuse to calculate the period of acquisitive prescription for the period that preceded January 1, 1991. However, the Decree adopted by the Plenum of the Supreme Arbitration Court indicates that until July 1, 1990, a provision on unlimited vindication of state property was in force in the country. This circumstance, in the opinion of the Supreme Arbitration Court, can act as a basis excluding the calculation of the statute of limitations before the indicated date, in particular, with regard to objects related to the state fund.
Finally
Acquiring prescription is not considered the most common method of obtaining property rights. However, the importance of this institution, undoubtedly, cannot be underestimated.If a person exercises ownership, observing the conditions established in the legislation, then he may receive the object in personal ownership. Thus, time transforms ownership into law. In the Soviet period, such a phenomenon was absent in practice. Then it was believed that there was no point in acquisitive prescription, since everything was transferred to state ownership. But due to the fact that in this case effective care for the objects is not guaranteed, it became logical to pass them on to those who are able to provide it.
