CIVIL NEGATORY ACTION IN BOLIVIA: DEFENDING PROPERTY RIGHTS

LEGAL DEFINITION OF THE NEGATORY ACTION IN BOLIVIA

Current civil legislation provides the following:

• “The property owner may sue anyone who claims to have rights over the property and request recognition of the nonexistence of such rights.
  If there are disturbances or nuisances, the owner may request their cessation and compensation for the damage caused.”

This provision expressly recognizes the owner’s right to protect their property from third parties who, without valid title, assert rights over a property or cause disturbances that interfere with peaceful enjoyment of ownership.

KEY ELEMENTS FOR FILING A CIVIL NEGATORY ACTION

According to Supreme Court Decision No. 515/2021, the case law clarifies:

• “One form of property protection is through the negatory action, which seeks a judicial ruling establishing that a third party has no rights over the claimant’s property.”

This means that the third party does not need to occupy the property. It is sufficient that they assert some form of right over it or create disturbances that affect the owner’s use of their property.

Furthermore, the ruling reiterates:

• “…the basic conditions and requirements for a negatory action to proceed are twofold: first, the owner may sue anyone asserting rights over the property and request judicial recognition of the nonexistence of such rights; second, if there are disturbances or nuisances, the owner may request their cessation and compensation for damages…”

BENEFITS OF THE NEGATORY ACTION FOR PROPERTY OWNERS IN BOLIVIA

The negatory action strengthens legal certainty regarding private property in Bolivia. Its use prevents third parties from asserting baseless claims or actions that could escalate into long-term disputes or even partial loss of use of the property.

If you are facing unfounded claims or disturbances to your property, we encourage you to contact us for specialized legal advice and timely protection of your rights.

DIFFERENCES BETWEEN THE NEGATORY ACTION AND THE ACTION FOR BETTER PROPERTY TITLE

The same case law explains:

• “…the objective of the [better title action] is to declare and recognize the legal superiority of one property right over another regarding the same asset; an aim that is distinct and contradictory to the negatory action, which seeks a declarative judgment on the nonexistence of a real right that someone claims to hold over the property, without it ever having been legally constituted…”

In other words, while the better title action seeks a judicial declaration of who holds the stronger property title between two parties, the negatory action aims only to eliminate any baseless claim to rights over the property.

For example: if a third party installs a pole or antenna on a property without permission, citing an outdated and unformalized authorization, the owner can file a negatory action to have a judge rule that such a right does not exist and order the removal of the structures.