Adverse possession of the property can be evaluated when the tenant performs acts as the reputed 'true owner', only if the initial owner allowed it and did nothing to reverse it.
Acts of a 'true owner' include, for example, assuming the payment of property taxes, making alterations, among others: "These are all the actions carried out by a person who, without necessarily being the owner, behaves as such. (...) It is not just about paying the tax; it is a set of specific actions. It happens when someone behaves as if they were the owner, without actually being one."
Mistakenly, some people believe the myth about time, according to which living in a property for a certain number of years could make them the owner. That is false, because to evaluate a potential claim of possession, it must be proven that they acted as the rightful owner.
You must appear before a civil judge, as detailed by the Ministry of Justice on its LegalApp portal. Along with the lawsuit, the judge will review the evidence to verify what happened with the original owner and ensure there was no violence, clandestine activity, or other irregular circumstances.
Extraordinary acquisitive prescription (the legal mechanism by which a possessor becomes the owner) can only occur after ten years have passed.
Once again, this clarifies the matter of time. Claiming ownership does not apply simply by renting for a couple of years, but rather by proving that you acted as the owner.
To prove this, you can present utility bills, property tax receipts, records of structural improvements, neighbor testimonies, photographs, and the Certificate of Freedom and Tradition (Certificado de Libertad y Tradición), among others. In addition, the judge must conduct an on-site inspection of the property to verify the plaintiff's statements and acts of possession.
