Carlos Felipe B.Managing partner and founder
Trial attorney in criminal, civil and real estate matters. University lecturer and panelist on "Legal Radio."
View profile →Excellent litigation services and a very personal touch.
Excellent command of procedural law. Proactive in resolving disputes.
Excellent service. Always available for any question I have as a client.
Registered Land Disputes
When a second title appears over your parcel, a sale you never signed, or a survey that swallowed part of your land, the Land Court decides.
Is this your case?
Six situations that reach the Real Estate Jurisdiction.
Two titles
A second certificate appears over the same parcel.
A sale you never signed
A transfer with a forged signature or a power of attorney that never existed.
A survey that swallowed your land
Your neighbor's survey was approved over part of what is yours.
Heirs who transferred more than their share
What was sold exceeded the heir's share.
Sham sale
A make-believe sale to take the property out of the estate.
You bought and can't register it
You paid, but the title never comes or shows up encumbered.
How the process unfolds
Four stages. The second is the one that loses the most cases when it is put off.
We review the registry file
Title report, history and survey plan. That tells us whether there is a case and which path to take.
We record the litigation
The precautionary note warns third parties and stops sales or mortgages while the case is pending.
We file the petition
The Land Court of Original Jurisdiction is seized of the case, with the evidence.
Hearings and judgment
Evidentiary hearing and hearing on the merits. The judgment is enforced at the Registry of Titles.
Almost everything in law has a deadline, and yours is already running
Tell us what happened. We'll tell you which path applies and what to do right away, at no cost.
What to bring
None of this is required for the first conversation. The more you have, the sooner we can tell you whether there is a case.
The certificate of title
Even if it is in someone else's name.
The plan or the survey
If it exists; if not, we request it.
Contracts or receipts
Sale, promise of sale, payments made.
What you have received
Notice, bailiff's writ, summons.
Details of the parcel
Cadastral designation, province, or the address.
None of the above
That works too. We start with the registry.
With the cadastral designation — or even just the address — we request the registry file and work from it.
Dispute, survey or first registration
Not every property conflict is a registered land dispute, and choosing the wrong path costs months.
Dispute
A right already registered Adversarial: there are opposing parties Land CourtSurvey
A parcel within a larger one Contested only if someone objects Land CourtFirst registration
Land never registered There is no prior title to argue over Land CourtGood to know
The dispute is brought by a petition filed with the court's clerk. Before that, what decides the fate of the case is the registry file: title report, history and survey plan. Many conflicts are resolved or ruled out right there.
Recording the dispute at the Registry of Titles warns third parties that the property is contested. Without it, a sale during the case complicates recovery even if you win.
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Frequently asked questions about registered land disputes
How long does a registered property dispute take?
It depends on the court, the number of parties and whether expert reports or surveys have to be ordered. It is a process of months, not weeks, which is why it pays to weigh it carefully before starting.
Can I sell the property while a registered land dispute is pending?
The dispute is recorded in the registry and that notice is binding on third parties. In practice it makes selling or mortgaging very difficult until the case ends, because a buyer would take the property with the litigation attached.
What if another title appears over my land?
Request the title report and the registry history and check which registration came first and how each one originated. Double titling is resolved before the real estate jurisdiction, and time favors whoever acts first with the evidence in hand.
Is there a deadline to start a registered land dispute?
The dispute has no expiry deadline like amparo does, but time still matters: every later registry act — a sale, a mortgage, a new survey — complicates recovery even when the right is on your side.
Is there a cost for the first consultation about a registered land dispute?
No: the first consultation about a registered land dispute is free. We review what you have and tell you which path applies. If you decide to go forward with us, fees are agreed in writing before any work begins.
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Describe it in your own words. You don't need to know the legal term or have every document. Within 24 hours you will hear back on the options that apply and the deadlines that are running.
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