Litigation tips

Property and possession

Eight steps to recover an occupied property

Recovering a property does not start with a claim, it starts with a decision: which route applies and what can be proven. Choosing wrong costs months and fees that are never recovered.

  1. 01

    Establish the date of occupation

    When the occupant entered and in what capacity. This fact orders everything else and is usually the one missing.

  2. 02

    Review title and registry

    Deed, registry history, encumbrances and annotations. Without a registered title the strategy changes completely.

  3. 03

    Document possession

    Continuous acts, improvements, paid utilities, witnesses and municipal records. Possession is proven with facts, not statements.

  4. 04

    Choose the route

    Title action where ownership is disputed, possessory action to protect possession, eviction where occupation derives from a contract. Each has its own evidence and timing.

  5. 05

    Prepare urgent measures

    Where there is risk of deterioration, dispossession or sale to third parties, the interim measure matters more than the judgment.

  6. 06

    File with complete evidence

    An incomplete file becomes a chain of incidental proceedings. Evidence is organised before filing, not after.

  7. 07

    Negotiate in parallel

    Many cases end with an exit agreement including a term and security. Litigating and negotiating are not exclusive paths.

  8. 08

    Enforce the ruling

    Removal, physical delivery and coordination with authorities. A judgment without enforcement does not return the property.

If the property is occupied now, the first step is to organise the evidence and decide the route. That conversation determines whether the case takes months or years.