Interdicto to Recover Possession of Your Property: How It Works

The interdicto to recover possession (interdicto para recuperar la posesión) is a short civil proceeding in which someone who was dispossessed of a property asks the judge to give it back, without yet deciding who the owner is. Its golden rule is timing: under most procedural codes it must be filed within one year after the dispossession. Three things are proven here: that you had possession, that it was taken from you, and that you filed on time. This guide explains how it works, what evidence to bring, how long it can take, and when a reivindicatory action (juicio reivindicatorio) or a criminal complaint is a better fit. This is general information: the exact name of the action and the deadlines vary from state to state, so confirm them with a local attorney.

What the interdicto is and what it protects

The law distinguishes between ownership (the right to be the owner, which appears in a recorded deed, or escritura) and possession (the fact of holding and using the property). The interdicto to recover possession protects only the latter: it restores the state of affairs that existed before the dispossession. That is why it is fast: the judge does not review the underlying titles, only whether you were in the property and someone pushed you out.

That logic has an important practical consequence: you can win it without being the owner (for example, a tenant or a buyer with a private contract who was already living there), and you can lose it even as the owner if you can't prove you had physical possession at the time of the dispossession. If the underlying issue is ownership, the path is different (see the comparison below).

Who can file it and against whom

It can be filed by whoever possessed the property and was displaced from it. Typical cases:

• An owner with a deed who occupied or looked after the land or house and lost it to an occupation.
• A buyer with a private contract who had already received possession. It is worth reviewing the difference between a private contract and a public deed before going to court.
• A tenant (arrendatario) or borrower under a free-use agreement (comodatario) evicted without a trial by a third party or even by the owner.
• An heir or co-owner who was using the property and was shut out.

The lawsuit is directed against the person who dispossessed you and against those occupying the property on their behalf. If there are several occupants and you don't know their names, it is usually necessary to identify them through a notarized record of facts (acta de hechos) or with help from the authorities.

The one-year deadline

The usual deadline to seek recovery through this route is one year counted from the moment the dispossession occurred. It is a forfeiture deadline (plazo de caducidad): once that year has passed, the fast track closes and only the full trial on the merits remains. Three points that cause confusion:

• It runs from the dispossession, not from when you found out. If you were away and discovered the occupation months later, document when it actually happened.
• Filing the lawsuit interrupts the deadline, but a poorly directed claim or one filed before a court without jurisdiction can leave you with no margin. Don't wait until the last month.
• While the year runs, the invader keeps building. Every month that passes helps them argue that they "already live there." Acting quickly protects both your case and your land.

If the year has already passed, all is not lost: you can pursue the reivindicatory route or, depending on the case, the criminal one. What you should avoid is letting many years go by: prolonged, peaceful and public possession can end up helping the occupant to claim usucapión (adverse possession).

Evidence you need

The judge will rule on whatever you manage to prove. Gather it from day one:

Witnesses matter more than they seem: neighbors who can confirm that you occupied the property and when you stopped. Prepare them in advance, with their full name and address.

How the process moves forward

Although the details change by state, the typical path is this:

1. Complaint setting out the facts, the evidence, and a request that possession be restored to you.
2. Service of process (emplazamiento) on the defendant, meaning they are personally notified. Many cases get stuck here when the occupants hide or won't give their names.
3. Answer and evidentiary hearing, with witnesses, documents and, if needed, experts.
4. Judgment. If you win, it orders possession to be handed over.
5. Enforcement: if they don't hand it over voluntarily, the judge can order eviction (lanzamiento) with the assistance of law enforcement.

As a practical reference, an uncomplicated case can be resolved in several months; with an appeal and an amparo (constitutional challenge), it goes beyond a year. Ask the attorney for a written timeline and the cost per stage. On fees and scope, see when it is worth hiring an attorney in addition to the notary public (notario público).

Interdicto, reivindicatory action or criminal complaint

They are not mutually exclusive: they are often combined. This table helps you decide where to start.

If the problem is a full-scale land invasion, check the guide on how to recover land invaded by squatters (paracaidistas). If the occupant is a tenant who stopped paying, the route is different: read how to evict a tenant who has stopped paying rent. And if you are looking for land with its paperwork in order from the start, browse the land for sale at Inmobiliaria32.

Mistakes that lose the case

• Taking the law into your own hands. Forcing the occupants out or tearing down what they built can turn you into the defendant and a likely criminal suspect. Article 17 of the Mexican Constitution prohibits taking justice into your own hands.
• Letting the year pass while waiting on a negotiation that goes nowhere.
• Failing to prove prior possession. Having a deed isn't enough if no one can say you were using the property.
• Suing the wrong person or using an imprecise address or description of the property.
• Signing "permissions" or accepting money from the occupant without advice: it can be read as acknowledging their possession.

If your case stems from a deed with problems, before going to court it is worth understanding how to regularize a property without deeds: a title in order strengthens any later lawsuit.

Frequently asked questions

What is the interdicto to recover possession?

It is a short civil proceeding that lets someone who was dispossessed of a property recover it, without deciding who the owner is. It only proves prior possession, the dispossession, and that the lawsuit was filed on time.

How much time do I have to file it?

Under most procedural codes, one year counted from the dispossession. It is a forfeiture deadline, so confirm the exact deadline in the state where the property is located and don't leave it until the end.

Can I file it if I don't have a deed?

Yes. What matters is that you prove you possessed the property: bills, a private contract, witnesses, photos. Being the owner is not a requirement, although having a recorded deed helps pinpoint the property and supports the other routes.

What do I do if the year has already passed?

The fast track closes, but you can bring a reivindicatory action if you are the owner, and file a criminal complaint for dispossession if a crime occurred. An attorney can review which one fits your evidence.

How long does it take to resolve?

Without complications, several months; with an appeal and an amparo it can go beyond a year. Serving the occupant and enforcing the judgment are usually the slowest stages.