Among these mechanisms, adverse possession is formally recognized as one of the legal ways to acquire property rights.
WHAT IS ADVERSE POSSESSION?
REQUIREMENTS TO INITIATE AN ADVERSE POSSESSION CLAIM
The Bolivian Civil Code defines two types of adverse possession: ordinary and extraordinary, also known respectively as quinquennial (5 years) and decennial (10 years) adverse possession.
To initiate a claim, the following conditions must be met:
- Continuous and uninterrupted possession
- Peaceful possession
- For quinquennial adverse possession, the possession must last at least 5 years, and for decennial adverse possession, a minimum of 10 years is required.
Additionally, in the case of ordinary adverse possession, the possessor must demonstrate good faith and possess a just title, as established in Article 134 of the Civil Code.
LEGAL PROCEDURE FOR ADVERSE POSSESSION
The process begins with a formal complaint filed before the Civil Court Judge. The lawsuit must:
- Clearly identify and describe the property subject to adverse possession
- Present evidence that supports continuous and effective possession
- Include details of the applicant and any individuals who might be affected (active and passive legitimation for notification purposes)
If the judge determines that all legal requirements are fulfilled, a ruling will be issued declaring the claimant as the rightful owner. This decision grants the new owner full legal property rights, allowing them to proceed with registration in the corresponding public property records.
Need legal assistance with property ownership or adverse possession procedures in Bolivia? Contact our specialized legal team today. We are here to help.
Frequently Asked Questions (FAQs)
Yes, adverse possession can be claimed over both rural and urban real estate, as long as the legal requirements of continuous, peaceful possession are met for the legally established time.
Is it necessary to have a written title to claim ordinary adverse possession?
Yes, for ordinary (quinquennial) adverse possession, a just title is required, meaning the possessor must have a document that appears to legally transfer ownership, even if later found invalid.
What happens if someone opposes the adverse possession claim?
If opposition arises, the process becomes contentious, and the judge will evaluate the evidence from all parties before issuing a ruling. The success of the claim depends on the claimant’s ability to prove continuous, peaceful possession and, if applicable, good faith and a just title.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
