Requirements to promote Usucapión lawsuit: Steps to follow

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The requirements to promote the Usucapión trial They are necessary to start this process in the entire territory of the State of México in general. In fact, this is a very common question among all those Mexicans who intend to get hold of some property in personal title.

And this is one of the methods that are most used when all the requirements that are requested in Mexican law are met. Do you want to know more about the requirements to promote the Usucapión lawsuit? Are you interested in learning more about what this procedure is currently used for?

Then read on why you found the perfect guide!

What is Usucapión

To be able to speak properly about a topic it is first necessary to know it, that is why we are going to explain first of all what is usucapion currently. And it is that the usucapión is a way of acquire a property from the hands of a third person as long as certain requirements are met.

It is important to note that this acquisition can only be made in a personal capacity, that is, in the name of a natural person and never by legal persons. The reason for this is that the usucapion is a way of acquiring a property by the owner of a property or property.

And this is something important because this procedure is that the owner of a good become owner of it after a while. In this sense, it is important to highlight that is not the same owning a good, because this is simply having it in possession to be the owner.

Owners are those who have right to decide on the property or property in question and not just having it in a moment. And this is a procedure very old that has adopted Mexican legislation in order to respond to a demand considered quite popular.

In fact this law comes from Roman law, that stipulates for more than two thousand years the use of laws that protect this. Currently the current Federal Civil Code places special emphasis on this type of procedure in the following articles 1136 and 1137.

At the same time, it is important to highlight that the usucaption also receives the legal name of acquisitive or positive prescription in the different court rulings.

Requirements to promote the Usucapión trial

The requirements to promote the Usucapión trial are certainly very simple to be able to find and deliver for anyone who is in a position to use. In fact, one of the most important requirements it’s not even a document, but a declaration by the person interested in starting this whole process.

And is that this would be a ownership as owner that they accredit a couple of witnesses before the public organisms of the nation that request it.

The rest, if you have no idea what the requirements are to file a Usucapión lawsuit here is a small guide With everyone:

  • The first of all will be to have a document that justifies the usucapion, which can be a private purchase-sale document, in original and four copies.
  • The Institute of the Registry Function of the State of México must grant you a Certificate of Enrollment for the property, presented in original and copies.
  • You must also present the location of the property together with a map with its description, in original format and with four simple copies.
  • You will also need to add a receipt of property tax payment that is current, from the oldest to the most current, original and copies.
  • It is important that you add the payment manifestation on the domain transfer tax, as well as a receipt, original and four copies.
  • You must also carry a receipt of payment of the property both in original format and with four simple copies.
  • Have to carry an official ID that is currently valid, that contains a photograph, both original and four simple copies of it.
  • You must last of enter into a contract Provision of Services in the Mexiquense Institution in charge of social housing, having to bring the original.

As you can see they are simple requirements.

Steps to follow

  1. The first thing is that the interested party makes a request before the Legal Department of the Regional Delegation that corresponds, to initiate the Usucapión process.
  2. After this the Legal Department will ask you to deliver all the requirements to the interested party, including all the copies, which were mentioned in the previous section.
  3. After this the IFREM will issue a certificate declaring whether the procedure can proceed or not, the corresponding interested party being notified in any case.
  4. If the Legal Department comes from will integrate in the file the requirements, as well as the Registration Certificate and a copy of the Service Contract.
  5. Once this is done, the Department prepare a statement of claim submitting the documents to the Civil District Court to initiate the Usucapion Trial.
  6. When the Civil Court receives the claim, will assign a file number then proceeding to initiate the appropriate procedures for the substantiation of the trial in question.
  7. This means that after will order a protocolization in front of a Notary Public, as well as the registration that corresponds to him before the IFREM of his jurisdiction.
  8. When you’ve done this and the Legal Department receive the judgment, will ask the interested party to pay the Income Tax in the SHCP.
  9. Once this is done you will have to attach a copy of the payment to the sentence, which must be sent to a Notary Public to carry out protocolization.
  10. After this a Notary Public will have to send the sentence duly processed before the public authorities to the Legal Department that corresponds to it by zone.
  11. By doing this you will be forwarded to the IFREM the sentence, with all the appropriate data so that you can carry out the registration that is currently corresponding to you.
  12. Finally, the IFREM will send the sentence to the Legal Department that corresponds to it according to the corresponding area. to be delivered to the interested party.

What is a Usucapión trial in the State of México

Once all the requirements to promote the Usucapión trial are clarified, it is common to ask what does this judgment mean in the Edomex. And the truth is that he doesn’t have much more to think about beyond what has already been described in the first section, on general usucapion.

In fact, this legal structure is something practically unchanged for many years, since the enactment of the latest reforms to federal law. The reason for this is that this makes it easier for both the interested parties and the lawyers to know to do in all cases by usucapion.

Besides this no need has been seen to make some kind of change because the process is understood by all stakeholders.

In the case of the State of México, it is a process that had a big boom in the past due to cases of debt payments. At the same time many people who have several properties simply prefer not have a legal problem, which is why they let this process advance.

In this sense, in the State of México it is very common for trials to take place in a friendly way between all parties to the conflict. This is due to the fact that it is a simple and fast way that many employers settle debts with employees without resorting to cash payment.

It is also something that happens when the owner of the property it takes time making use of it without the owner having intervened at any time. In fact this is the most common way in which the usucapión occurs throughout the State of México today.

Where to do it

Once all the requirements are in place to promote the Usucapión trial, many people begin to wonder in what places the aforementioned procedure can be done. And the truth is that this procedure has only two buildings allowed through which it can begin to be realized in this present moment.

The first of them is him Mexiquense Institute of Social Housing, which has been mentioned in the previous sections, which is very relevant. In fact in most cases good part of the process stop by the hands of this institute to be able to be effective the steps.

You can also start your usucapion process at regional delegations that corresponds to it by the jurisdiction where the property or property is located.

What time the trial takes place

A very common question when talking about usucapion, once you have the Requirements to promote usucapion trial is how long it takes.

And the truth is that this is quite a quick process, within the world of legal procedures that can generally take years.

In fact, it is averaged that in six months There should be a tentative response to the proceeding that was initiated by usucapion in Edomex.

As you can see, get the requirements to promote the Usucapión trial it is something very simple.

And with this guide you have it extremely easy!

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