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.
- 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.
- 02
Review title and registry
Deed, registry history, encumbrances and annotations. Without a registered title the strategy changes completely.
- 03
Document possession
Continuous acts, improvements, paid utilities, witnesses and municipal records. Possession is proven with facts, not statements.
- 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.
- 05
Prepare urgent measures
Where there is risk of deterioration, dispossession or sale to third parties, the interim measure matters more than the judgment.
- 06
File with complete evidence
An incomplete file becomes a chain of incidental proceedings. Evidence is organised before filing, not after.
- 07
Negotiate in parallel
Many cases end with an exit agreement including a term and security. Litigating and negotiating are not exclusive paths.
- 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.