The desire to become the owner of a rented property is a common question among those who have rented a property for a long period. Many wonder if, after living in a house for several years, there is a possibility to legally acquire it.
To clarify this doubt, notary Mischel Cohen provided valuable information through a video posted on the TikTok account @colegiodenotariosCDMX. The notary explained that this question has legal grounds and is regulated by law under the concept of Prescriptive Adverse Possession or Usucapion. However, not all rental situations allow for becoming an owner.
To transform into the owner of a rented property, certain requirements must be met:
1.Possess as an owner: The possession of the property must be exercised as if one were the legitimate owner. Simply renting the property is not enough; it is necessary to act and treat the property as if it were one’s own.
2.Public possession: The possession must be known to all or registered in the Public Property Registry. Hidden or secret possession is not allowed.
3,Peaceful possession: The possession must be peaceful and not acquired through violent or illegal means.
4,Continuous possession: The possession must be continuous and uninterrupted, indicating a right over the property.
If the possession meets these requirements, there is a possibility of becoming the owner after a certain period. Generally, after five years of continuous possession in good faith, one can request the judge to recognize the tenant as the owner of the property. If the possession has been in bad faith, the period can extend to 10 years or more, depending on the circumstances.
The process of legalizing the property involves that once the judge issues a ruling recognizing the tenant as the owner, this document can be registered in the Public Property Registry and serve as a title of ownership. From that moment, the tenant becomes the legal owner of the property.
It is important to note that after obtaining this ruling, there is no need to go to a notary. One simply needs to carry out the corresponding procedures in the Public Property Registry and comply with tax obligations. In summary, this registry will be the official document that accredits the tenant as the legitimate owner of the property they once rented.
In conclusion, the possibility of becoming the owner of a rented property exists, but it is subject to a series of conditions and legal requirements that must be carefully met. Therefore, it is essential to understand the applicable laws and regulations before starting the process. This path may offer those who have rented for years the opportunity to finally become owners of their home, as long as they meet the legal requirements established.
Understanding Prescriptive Adverse Possession or Usucapion can open the door to a new perspective for those who dream of becoming owners, turning years of renting into a tangible opportunity for property ownership.