Unfortunately, there is a high rate of homeowners who are affected by invasions in México.
We frequently hear stories like:
The right of ownership is the privilege a person has to enjoy and mainly dispose of his/her assets.
Possession is the power in fact a person has over an asset or a right,
being able to perform material acts that manifest the empowerment that asset or right confer, but not disposing freely of it, example: the person in possession cannot sell or lease the property or real state.
Our civil law contemplates that property can be acquired through possession. The confusion between property and possession is due to the fact that both rights have certain similarities.
The right of possession can be held over goods that are susceptible of appropriation, meaning, overall assets that are not excluded from commerce, these being:
Through time and with the conditions established in the Mexican law by the usucapion,
a property can be acquired in ten years when the possession is in good faith and in twenty years if the possession is in bad faith.
Due to the above, this misunderstood law encourages many to claim property rights over real estate, especially when the possession has been acquired without having a legitimate title that guarantees it, such as in the case of possession in bad faith.
Due to the difficult context of our current laws, our lawyers at Defend Abogados suggest you shield your real estate businesses or investments. Make sure you always receive specialized legal advice that allows you to carry out risk-free transactions, in order to guarantee that both, your property and your possession are legally supported, taking pertinent actions to safeguard your right as owner or legitimate possessor. Avoid future problems on the properties you own.
At Defend Abogados we promote the culture of prevention and we invite you to be a part of it by mitigating any risk. We will help you get your legal documentation in order to carry out secure transactions over your properties and possessions. We will advise you and help you learn more about your legal rights, in case you require to turn to the corresponding instances (civil or criminal) to report a situation that may be detrimental to your property.
By Mtra. Atenea Loaiza / Defend Abogados
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