This article provides a practical and educational overview of property recovery in Bolivia, supported by real-life examples to facilitate understanding.
WHAT IS PROPERTY RECOVERY AND HOW DOES IT WORK IN BOLIVIA?
Property recovery is a legal right that allows any rightful owner to reclaim an asset from which they have been unlawfully dispossessed. It is not merely a legal option—it is a fundamental guarantee that protects the legal bond between an individual and their property.
In Bolivia, this right is imprescriptible, meaning it can be exercised at any time, provided the asset has not been acquired by a third party through adverse possession (usucapión). This non-expiring nature reinforces the legal certainty of property rights.
WHEN CAN A PROPERTY RECOVERY ACTION BE INITIATED IN BOLIVIA?
When the owner loses possession of an asset—whether real estate, a vehicle, machinery, or any other identifiable property—they may initiate a property recovery action against the current possessor, regardless of whether possession was acquired in good or bad faith.
Practical example:
Mr. Luis inherits a house in Cochabamba from his father. Upon returning from abroad, he finds another family living in the property. Although they claim to have a rental contract with a third party, Mr. Luis neither authorized the agreement nor is there a legally valid contract. In this scenario, he may file a property recovery action.
OBLIGATIONS OF THE DEFENDANT IN A PROPERTY RECOVERY ACTION IN BOLIVIA
If the possessor sells the asset before a court decision is rendered, they are obligated to retrieve it or compensate the original owner for its market value plus damages.
OWNER’S OBLIGATIONS WHEN RECOVERING A RECLAIMED ASSET
If the rightful owner recovers the asset directly from a new possessor or buyer, they must reimburse the previous possessor for any amount paid, provided such payment is proven with supporting documentation. This ensures fairness and prevents unjust enrichment.
ADVERSE POSSESSION IN BOLIVIA: LEGAL LIMITATION TO PROPERTY RECOVERY
Although the property recovery action is imprescriptible, it has a clear legal limit: if a third party has legally acquired the asset through adverse possession—meaning they have possessed it publicly, peacefully, and continuously for the time required by law—the original owner can no longer claim it.
Practical example:
If someone occupies a parcel of land for more than ten years, with the owner’s knowledge, without interruption, and behaving as the rightful owner, they may legally acquire the property through adverse possession. In such a case, the property recovery action would not succeed.
IMPORTANCE OF EVIDENCE IN A PROPERTY RECOVERY ACTION
To ensure the effectiveness of a property recovery action, the claimant must present evidence that proves:
- Their legal ownership (e.g., registered title, will, or purchase contract).
- The exact identification of the asset.
- The loss of possession and its current unlawful possession by a third party.
This legal procedure is governed by civil litigation rules and may involve expert reports, judicial inspections, and witness statements.
If you have lost possession of your property or are involved in a legal dispute over ownership, do not hesitate to contact us for specialized and personalized legal assistance.
Frequently Asked Questions (FAQs)
Can I claim a property I lost many years ago?
Yes, the property recovery action is imprescriptible unless the current possessor has legally acquired ownership through adverse possession.
What if the possessor no longer has the asset?
They are required to either return the asset or compensate the rightful owner for its value and any damages incurred.
What documents do I need to initiate a property recovery action?
You need a valid ownership title and evidence showing the loss of possession and the current possessor of the asset.
Can I file a claim if a relative possesses the property?
Yes, the law permits filing a property recovery action against any person in possession of the asset, including family members.
What happens if the current possessor bought the asset in good faith?
They must still return the asset. However, they may seek reimbursement from the previous possessor if they can prove the purchase.
- Political Constitution of the Plurinational State of Bolivia
- Bolivian Civil Code
- Case law from the Supreme Court of Justice of Bolivia
- National legal doctrine on property and real actions
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.
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