I live in a block of six apartments comprised of three ground floor and three 1st floor apartments with a common parking area and a common garden that runs the full length of the block. One of the original ground floor residents who lives in the center apartment decided 10 years ago to place divisional fencing, laying claim to a section of the garden area. He then extended his terrace onto what we understand to be the common garden area. The three 1st floor residents want the fencing removed and the garden to become open as originally intended and a court process is now underway.
My question is this - could this resident lay claim to a section of the original common garden by virtue of having purchased his property shortly after the block was constructed. He claims there is a 15-year rule in Portugal that allows him to take ownership. At this moment I don't seem to have any clarity on this question even after asking our Lawyer.
If anyone has experience of this type of situation or would like to comment I would be very grateful.