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You have been invaded or rented and the tenants do not want to vacate the property. With Lex & Co consider it solved.

If you want to recover a property that was invaded, we can support you with the reivindicatory trial or with the reivindicatory lawsuit, or if your tenants do not want to vacate, we can start with the lease trial procedure.

Any problem referred to the invasion of a property or lease of the same requires the intervention of a duly qualified professional to resolve the controversy that has arisen; however, in most of the occasions the people who have a problem of this type are prevented from going to a duly qualified professional either by the high cost that this would generate or by the shortage of duly prepared people.

Below, we will tell you everything you should know.

What is a reivindicatory action?

According to the Mexican Code of Civil Procedures, the reivindicatory action corresponds to the plaintiff who claims to be the owner of a property that the defendant has in possession, or holds without right, and has the objective of requesting the restitution of the property, likewise, this action allows claiming the fruits, improvements, accessories and expenses.

Subjects of the action of reivindicatory action.

  • Active subject, or the owner who does not own the real estate and who files the claim action.
  • Passive subject, or the person who inhabits the property without having a fair title that allows him to do so, i.e., he is not the owner and does not have a valid lease.

Requirements of the reivindicatory action

  • If you want to file a reivindicatory action, the following requirements must be met:
  • The plaintiff must hold legitimate title to the property.
  • There must be clearly defined ownership and the defendant must be in possession.
  • The defendant must possess the property, that is to say, he must inhabit it or use it for lucrative purposes, without a fair title to support his possession.

Use and Purpose

The main objective of the claim is that the owner of the property (the plaintiff), whether movable or immovable, can recover it, and that the person who inhabits it (the defendant) delivers it with its fruits and accessions.

Characteristics of the claim action

  • Timeframe. The claim has a time limit stipulated by law, and if the action is not filed within that time, the right to claim such property is lost.
  • It is brought by means of an application. The claim action must be filed by means of a lawsuit to initiate the judicial process to recover the property and its fruits.
  • Rights of the Defendant. The defendant may raise objections or objections in his defence.

Which judge hears the claim action?

The claim must be filed in the Civil Court of the State of the city where the property is located.

Claim action under the Mexican Civil Code:

The claim action is found in the Federal Civil Code. Here are some articles that support the lawsuit:

Article 790. A person who exercises de facto power over a thing is the possessor of a thing, except as provided in Article 793. He who enjoys it has a right.

Article 793. When it is proved that a person has a thing in his possession by virtue of the situation of dependence in which he finds himself on the owner of that thing, and that he retains it for the benefit of the latter in pursuance of the orders and instructions he has received from him, he is not considered to be in possession.

Article 795. Possession may be acquired by the person who is to enjoy it, by his legal representative, by his agent and by a third party without any mandate; but in the latter case possession shall not be deemed to have been acquired until the person in whose name the possessory act has been verified ratifies it.

Article 802. Possession of immovable property gives rise to the presumption of possession of the movable property therein.

Article 809. Possessors shall be governed by the provisions governing the legal acts by virtue of which they are possessors, in all matters relating to fruits, payment of expenses, and liability for loss or impairment of the thing possessed.

Article 812. The person who possesses, for less than a year, by way of transfer of ownership and in bad faith, provided they have not obtained possession through a criminal means, is obligated to:

  • Restore the received fruits.
  • Be responsible for the loss or deterioration of the property occurring due to their fault, or due to fortuitous events or force majeure, unless they prove that these would have occurred even if the property had been possessed by its owner. They are not liable for losses naturally or inevitably incurred solely through the passage of time.
  • Have the right to be reimbursed for necessary expenses.

Article 816. Natural or industrial fruits are considered received from the moment they are harvested or separated. Civil fruits are produced day by day and belong to the possessor in proportion to their due date, even if they haven’t been received.

Article 821. When the possessor is to be compensated for expenses and has received some fruits to which they were not entitled, compensation is applicable.

Finally, each State in the Republic of Mexico has the description of the reivindicatory action in its civil procedural codes. Therefore, we recommend hiring a lawyer specialized in civil matters to recover your property.

If you or someone you know is in a similar situation, contact us – with LEX & CO, consider it resolved! Our consultations are free and do not entail any commitment.

 

More than 4,500 favorable judgments support us, along with 30 years of experience in the business. Likewise, our expertise has led us to participate in multiple nationally relevant judicial proceedings and interventions in the media.

 

If you or someone you know is in a similar situation, contact us. With Lex & Co, consider it resolved! Our consultations are free and do not entail any commitment.

Contact us

5568401076 / 5568401077

 

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Our seriousness and wide experience suing banks and insurance companies have allowed us to participate in different radio and television programs, always in defense and protection of policyholders and users of financial services.

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