Can you claim common land?

How to appropriate an abandoned land

Article 938 of the Federal Civil Code (Mexico) states that “There is co-ownership when a thing or a right belongs proindiviso (without being able to be divided) to several persons.

Properly it is not a division of the property, but rather it is to stop “sharing” the property, either by selling to one or more partners the proportional part of the property that corresponds to them, and thus obtain the respective percentage through payment in cash (or in kind, at the seller’s choice).

In the same way there is the option to buy, that is to say, if we want the “co-ownership” to be extinguished, we can seek to obtain from the rest of the co-owners that they deed in their favor the corresponding percentages of the property after the payment of the agreed amounts and/or values.

This if it implies to be able to carry out the division of the property, it is the ideal procedure to acquire the full ownership of a fraction of a property. In the case of very large properties where there are several fractions or that even include streets, it can be called “fractionation” or “lotification”, if it is to modify an already existing lotification, it will then be a “relotification”.

How can I keep a property?

In order for you to own a house in Mexico and claim seniority rights only for the years of living in it, 5 years must pass with good faith prescription, and 10 years must pass with bad faith prescription.

What is the right of possession of land?

It is the power that a person exercises in fact, in an effective and immediate manner over a good or thing. The law protects the person who possesses without the need of previous verification of a right that protects him. Possession has some of the attributes of ownership, such as the use and enjoyment of the property.

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How many years must pass to own land?

real estate is prescribed in: five years, when it is possessed as owner, in good faith, peacefully, continuously and publicly.

Rights of co-owners

Purchase and sale or donation are the most common forms of transfer of ownership; however, the law regulates other forms through which a property can be acquired; for example, usucaption or acquisitive prescription.

Through this institution a person may become the owner of a thing by the simple passage of time. In this sense, Article 1136 of the Civil Code for the Federal District (CCDF) defines it as “the acquisition of property by virtue of possession”.

How many years must I live in a house for it to be mine in Spain?

-To acquire ownership of movable property, it must be owned for six years. -To acquire ownership of real property, the term shall be thirty years.

How long do I have to live in a house for it to be mine?

In order to become an owner it will be necessary, among other requirements, to have a fair title, good faith and to possess the property as owner for at least 10 years, which in some cases may amount to 20 years.

How is possession acquired?

Possession is a power that people have over a good or right and by virtue of which they can execute material acts over them. … Possession may be acquired by virtue of a lawful act or fact, such as a bailment contract, or unlawful, as in the case of the crime of plundering.

How to recover a sold land

If you have not been able to avoid the invasion of the property by a possessor, you have two ways to recover the property. A police action or a claim action, the competent authority varies depending on the time of possession.

William Martinez, director of the Private Law Department at Jorge Tadeo Lozano University, stated that “the first step is a de facto occupancy eviction action. It is an expeditious action that has one main objective: to get the occupant to vacate the property and return things to their original state”.

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The problem with the legal phenomenon of possession is when it extends for long periods of time. When the owners are neglected for more than four months, they must initiate a legal action called “reivindication”, established in article 946 of the Civil Code. The objective is that the possessor evicts, and it is that he cannot win by prescription his right of dominion.

One of the main social conflicts in the country is related to the possession of land. The struggle for ownership and fair distribution was endorsed in point three of the Peace Agreement signed in the Colón Theater. The national authorities have made a series of efforts to accelerate the titling and clarification of land ownership in the country. The National Land Agency will evacuate around 22,700 cases of rural properties in the country, and estimates that the processes will be completed in less than 18 months.

How is possession sold?

The purchase and sale of possession and improvements is a simple contract that can be made before a notary, in which the decision of the parties to transfer the possession from the seller to the buyer, together with the improvements, is embodied, and it is the suitable document to proceed with the addition of possessions.

What happens if I buy land with possessory rights?

That is to say that if you acquire a plot of land or a house, for example by means of a bill of sale or an assignment of possessory rights, you pay the price and the property is delivered to you, you are already in possession of the thing, and from that moment on you begin to behave as owner of the property, carrying out …

What does Article 950 of the Civil Code say?

Article 950 establishes that real property is acquired by prescription through continuous, peaceful and public possession as owner for ten years …. According to the doctrine, peaceful possession means that it has not been obtained nor is maintained by violence or force.

Difference between joint owner and co-owner

The right of possession is often confused with the right of ownership, but they are not the same. The right of ownership is the right of a person to enjoy and dispose of his property. Possession is the de facto power that a person has over a good or a right and performs material acts that manifest the powers that such good or right confers.

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Possession may be original or derived. In the event that a person acquires possession of a thing by virtue of a contract of sale, for example, it is said that he is an original possessor and may enjoy, enjoy and dispose of the thing and may even alienate or encumber it.

When a person acquires possession of a thing by virtue of a lease contract for example, it is said that he is a derivative possessor and will be able to enjoy and enjoy the thing but will not be able to alienate it or encumber it.

A person can be a possessor by means of a title, that is, by means of a juridical act that gives rise to it and can do so in good or bad faith. For example, a person can possess a land by virtue of a lease contract, in this case he is a possessor in good faith, however if the lease contract is vitiated and the lessee knew about it and did not say anything, then he will be a possessor in bad faith.