The Conflict Between Acquisitive Prescription and Registered Rights in the Algerian Property System: A Legal Analysis

Abstract: Since 1975, Algeria has adopted the Torrens system in order to purify land titles and achieve real estate security. However, this objective appears to remain elusive, given the Supreme Court’s reluctance to issue a clear ruling on whether acquisitive prescription is permissible or prohibited with respect to properties that have registered (publicized) titles, This article aims to compile relevant decisions of the Supreme Court and to hypothetically identify their jurisprudential basis. Such analysis will allow us to better understand the legal reasoning underlying these rulings—whether in favor of or against acquisitive prescription, Ultimately, the article proposes a legal solution that we believe would help resolve the current evidentiary impasse in real estate matters, as this is the only means to achieve legal and judicial security for possessors as well as owners. Keywords: Acquisitive Prescription, Land Titles, Property Dispute, Legal Certainty, Judicial Security, Plea of Unconstitutionality.