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Three actions to defend your property and what each one requires

Last reviewed: September 7, 2026 — VerifiedPoder Judicial

In short

The Civil Code gives the owner three distinct actions, and picking the wrong one costs months. The reivindicatory action is brought by the owner who does not possess against the possessor who cannot assert against them a right justifying that possession, and it requires four things: the plaintiff’s just title of ownership, that the action be directed against whoever has the thing in their power, the lack of title in the non-owner possessor allowing them to continue in possession, and precise identification of the thing whose restitution is sought. The declaratory action of ownership seeks to recover nothing: it seeks a declaration establishing the right of ownership against whoever disputes it or claims it for themselves, and it requires doubt or controversy so well founded that the plaintiff’s security may be feared for, a danger only the judicial declaration can avert, and that it be directed against the person as to whom that declaration fulfils the purpose of legal certainty. And the negatory action, or action for freedom of property, is available against whoever alleges an encumbrance over the thing: there the owner must prove their ownership but benefits from the presumption that property is free, although if the defendant proves the encumbrance exists, it falls to the owner to prove its extinction.

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What is it?

It is Chapter IV of Title III of Book Three of the Civil Code of 2020, Articles 820 to 827, preceded by Article 741, which gives the owner an action against the holder and the possessor of the thing to reivindicate it, and by Article 742, which presumes property free of any encumbrance, charge or limitation until the contrary is shown.

Who can do it?

The reivindicatory action is for the owner who does not possess. The declaratory one, for the owner whose title someone disputes or claims. The negatory one, for the owner against whoever alleges an encumbrance and also for any holder of a real right over another’s property affected by an encumbrance, in defence of their faculties.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: Start from the right question

    Do you want to recover the thing, to have your ownership declared, or to have it declared that the encumbrance someone alleges does not exist? These are three distinct actions with distinct requirements. Article 741 gives the base: the owner has an action against the holder and the possessor of the thing to reivindicate it.

  2. Step 2: The reivindicatory action: recovering what another possesses

    Article 820 reserves it to the owner who does not possess, against the possessor who cannot assert against them a right justifying that possession. And Article 821 sets four requirements, all of them demandable: the plaintiff’s just title of ownership; that the action be directed against whoever has the thing in their power; the lack of title in the non-owner possessor allowing them to continue in possession; and precise identification of the thing whose restitution is sought.

  3. Step 3: If the defendant has the right registered

    Article 822 adds a condition: where the reivindicatory action is directed against someone whose right is registered in the Property Registry, the real-property registry legislation must also be complied with. And it clarifies this is without prejudice to the civil or criminal actions that may lie against whoever sold the property improperly.

  4. Step 4: Movables: the exception almost nobody knows

    Article 823 lets whoever loses a movable or is involuntarily deprived of it reivindicate it, subject to the rights of a good-faith acquirer for valuable consideration. But it then closes an important door: buying merchandise in warehouses or stores open to the public and acquisition on an exchange, at a fair or market, or from a person habitually dealing in analogous things, causes prescription of right in the buyer’s favour as to the merchandise acquired and there will be no reivindication over it. The owner’s rights to bring civil or criminal actions against whoever sold it improperly are reserved. The Code repeats this same rule, in almost the same words, at Article 717.

  5. Step 5: The declaratory action: when what is missing is certainty

    Article 824 defines it as the action seeking a declaration establishing the right of ownership against whoever disputes that right or claims it for themselves. It asks for nothing to be returned; it asks for a declaration of who the owner is. Article 825 conditions it on three requirements: the existence of doubt or controversy over the plaintiff’s legal situation, so well founded that their security may be feared for; danger of such a nature that, to avoid it, the judicial declaration is precisely the only adequate and possible measure; and that the action be directed against the person as to whom the declaration fulfils the purpose of legal certainty.

  6. Step 6: The negatory action: when someone alleges an encumbrance on your property

    Article 826 says the negatory action, or action for freedom of property, is available to the owner against whoever alleges the existence of an encumbrance over the thing they own, and also to any holder of a real right over another’s property affected by an encumbrance, in defence of their faculties. It is not only the owner’s.

  7. Step 7: How the burden of proof shifts in the negatory action

    Article 827 says it in two moves. The owner must prove their ownership, but benefits from the presumption that property is free, which Article 742 phrases thus: property is presumed free of any encumbrance, charge or limitation until the contrary is shown. However, if the defendant proves the encumbrance exists, the owner must prove its extinction. The presumption helps at the start, not at the end.

Where to do it

Before the Court of First Instance. Where the defendant has their right registered, Article 822 also requires compliance with the real-property registry legislation, whose forum is the Property Registry.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

If the problem is that you do not know where your land ends, the action is the boundary one, in Section Four of this same chapter and not among these three. If you have possessed for years without title and want to be declared owner for the time elapsed, the route is usucapión. If the occupier came in with your permission and no longer has a right to stay, the Code names eviction. This guide does not explain how any of the three actions is filed and tried: that is procedural law, which we did not read. Nor does it explain the real-property registry legislation Article 822 makes applicable when the defendant is a registered titleholder. The Code publishes no cost and no term for these actions, so this guide gives none. MiPRFácil does not represent anyone in court and gives no legal advice.

Common mistakes

  • Filing the reivindicatory action against someone who does not have the thing in their power: Article 821 requires it.
  • Describing the property vaguely: precise identification of the thing whose restitution is sought is required.
  • Using the declaratory action to recover the thing: the declaratory action only declares ownership.
  • Seeking the declaratory action with no real danger: it requires that the judicial declaration be the only adequate and possible measure.
  • Reivindicating merchandise bought in a store open to the public: Article 823 closes it in the buyer’s favour.
  • Forgetting the Registry when the defendant has their right registered.
  • Trusting the presumption of freedom to the end: if the defendant proves the encumbrance, you must prove its extinction.

Frequently asked questions

Which action do I use to remove someone occupying my land?

The reivindicatory action is the one for the owner who does not possess against the possessor who cannot assert against them a right justifying that possession. The Code also names eviction, for whoever has the right to possess against any possessor without a right to possess.

I was sold something stolen — can I get it back?

Whoever loses a movable or is involuntarily deprived of it may reivindicate it from whoever possesses it, but not if the buyer acquired it in a warehouse or store open to the public, on an exchange, at a fair or market, or from a person habitually dealing in analogous things. In that case there is no reivindication, and the civil or criminal actions against whoever sold it improperly are reserved.

Someone says they hold an easement over my land — what do I do?

That is the negatory action, or action for freedom of property. You must prove your ownership, and the presumption that property is free of encumbrance helps you; but if the defendant proves the encumbrance exists, then you must prove its extinction.

How much does it cost and how long does it take?

The Civil Code publishes no filing fee and no term for any of the three actions. This guide leaves both unverified rather than inventing them.

Official sources

These are the government pages this guide is based on.

Last verified

September 7, 2026

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