Claim action

The claim action is the legal means available to the owner, to recover the property owned by a third party without legitimate rights.

This legal remedy consists of a person bringing this action so that their conflict is resolved judicially. What conflict does this action resolve? Take back the property you do not own. It is an action that protects property.

Subjects of the claim action

The people involved in this claim are:

• Active subject: That is, the one who brings the action. Owner NOT possessor of the home.
• Passive subject: Against which the action is interposed. Possessor NOT owner of the home. You do not have a fair title that allows you to own the property. A fair title to owning the home without being an owner is to have a valid lease.

Requirements of the claim action

To file this claim, certain requirements must be met:

• There must be a clearly defined farm.
• Whoever brings this action must have a legitimate title. In other words, the plaintiff who will file a claim must prove that he is the owner of the home. It does not have to be with a public document, it is also worth a private document that shows that you are the true owner.
• The defendant must actually be owning the home. It is not enough for that person to have their belongings inside the house, they must be in full possession of it to be able to bring this action in front of him. You do not have to have a fair title that justifies your possession of the property.

Characteristics of the claim action

The main essential notes of this action are the following:

• It has a specific term. If this action is not filed within the term stipulated by law, the right to claim ownership is lost. It is not unlimited in time.
• The defendant may file exceptions or opposition to this action.
• This action is filed like all lawsuits and initiates the judicial process.
• Its purpose is to protect property rights.
• The lawsuit that contains this action seeks the restitution of the thing. That is, the defendant returns the property.