Land Appropriation Law
2Any justification or sustenance that intends to be made on private property discounts, necessarily, that there is an owner, who through his dedication improves and multiplies the property. In this sense, the description of the tragedy of the unregulated commons is sufficiently graphic.
8 Moreover, this insurmountable contradiction, such as the existence of property without an owner, generates countless inconveniences in urban development, such as gaps that disarticulate and disintegrate the urban fabric, affecting city planning, the consolidation of infrastructure networks and increasing the cost of services.
20There are countless examples where this possession does not occur and this does not change the situation of abandonment in which the property in question is found, with the inequities and burdens that this implies for the community as a whole. On the contrary, when the property is owned, it is at least used, exploited and cared for, in such a way that it does not correspond to the described characterization of abandoned property.
Land Possession Law
Today I was asked how to win a usucapion lawsuit. I immediately corrected, that in any case we could refer to, how to win by possession and time, the acquisitive prescription and enforce it in a trial.
Therefore, the acquisitive prescription of ownership constitutes one of the means of acquisition of property that requires two elements for its configuration (and, as we said above, to enforce it in a trial):
Then it can be said that “the acquisitive prescription is a way to acquire the domain (long prescription) or to consolidate an acquisition made (short prescription), by possession during the time and with the requirements demanded by law.”
Therefore prescription can be asserted by two procedural means: as an action, by way of a declaratory action (Law 14,159 Articles 24 and 25) i.e., in the Declaratory Judgment of Usucapion; or as the exception, i.e., as a defense raised before the promotion of an action.
When usucapion is asserted by way of an action, a lawsuit is brought against the owner of the thing in order to declare that the domain has been acquired by the possessor by means of this mode of acquisition of rights. Article 24 of Law 14,159 details the requirements necessary to enforce long prescription by this means.
How to appropriate an abandoned land in colombia
There are several factors that may cause people to leave their homes or land unoccupied for a long time, among the main reasons are the change to a new home, the rotation processes when the occupants change their homes, their purchase as an investment or inheritance lawsuits that, either for lack of a will or because of problems between the owners, have not concluded.
The National College of Mexican Notaries explained that parachuting happens when a person occupies an empty building, house or land without the owner’s authorization. This bad practice has happened a lot in big cities, where families and entire groups take over other people’s properties.
The invasion of property is a crime called dispossession and is punishable with imprisonment, so you can go to the authorities to denounce this crime; however, the recovery of the property will involve a trial that may take a long time, besides being costly because you will have to pay the fees of a lawyer.
How to know who is the owner of abandoned land
– When the possessor is a mere possessor (for example, a lessee) he will not acquire ownership of the property by the passage of time and even if the requirements are met, since there is the awareness that it is being possessed on behalf of another.
My question is, could they claim ownership of the vehicle in order to sell it to me? In that case, who is the person who gives that authorization to assume the ownership of the vehicle? A judge, the police, traffic?
In order to give you an adequate and correct answer to the issue you indicate, we need more information. Formulate your consultation through one of our online services that you will find at the top of this page (e-mail or videoconference), and our lawyers will answer all your doubts in a personalized way.
If you have had any problem in making the change of ownership, or you need a personalized advice, request a visit with our lawyers in our offices in Barcelona or Madrid, or make an online consultation via email through the online legal services section of our website, and our lawyers will answer all your questions in a personalized way.