Property regularization in Uruguay

Adverse possession and possessory rights in Uruguay

Have you lived in or held a house or a plot of land for years that is not in your name? We help you obtain title. Our firm has both the attorneys who handle the lawsuit and the notary public who documents it.

For a first answer, tell us:

  • Where the property is (department and town).
  • How long you or your family have occupied it.
  • What documents you have: purchase agreement, assignment, receipts or property number (padrón).
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300+ clientsIndividuals and families who have trusted the firm
Attorneys and notaryThe lawsuit and the deed under one roof
Written proposalClear fees and costs before we begin
4 departmentsMontevideo, Canelones, Maldonado and Rocha
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Situations where we can help

You have lived in the house for more than 20 years and it was never deeded to you.
You bought possessory rights and want to obtain title.
Your family has occupied land for decades and the registered owner died or cannot be found.
You inherited a property your parent held without title.
You want to sell or mortgage, and were told the title is not in order.
You are about to buy possessory rights and want to know if it is safe.
Signing a deed
From lawsuit to titleWith the judgment, the title is recorded in your name in the Property Registry.
What it is

Adverse possession, explained simply

Adverse possession (prescripción adquisitiva) is the mechanism in Uruguay’s Civil Code by which someone who possesses a property as its owner, continuously, publicly and peacefully for the legal period, becomes its owner.

Without a title, the period is 20 years of possession since the reform introduced by Law 19,889. With a valid title and good faith, the periods are shorter. The years of possession of whoever assigned or left you the property can be added to yours.

Ownership is declared by a court judgment and then recorded in the Property Registry. From then on you hold a title you can sell, leave to your heirs or mortgage.

How we work

From the initial review to a recorded title

  1. Initial review

    We request the registry information by property number and the cadastral certificate to see who is the registered owner and whether there are liens.

  2. Survey plan

    A licensed surveyor measures the property. The plan is recorded with the Cadastre and is the basis of the lawsuit.

  3. Proof of possession

    We gather property tax, utility and water receipts, photos and witnesses. If needed, we document possession with sworn statements and a notarial record.

  4. Adverse possession lawsuit

    We file the claim against the registered owner and any interested parties, who are summoned by public notice. There are hearings with witnesses and sometimes an inspection of the property.

  5. Judgment and title

    Once the judgment is final, it is recorded in the Property Registry and you become the owner.

Possessory rights

Before and after you sign

Before you buy

We review the cadastral certificate, request the registry information and give you a legal report on the risks, so you know what you are buying and what is missing to obtain title.

The assignment

We draft and execute the deed of assignment of possessory rights, which lets you add the seller’s possession to yours.

Documenting possession

Sworn statements of possession with witnesses and notarial records made at the property. They serve as evidence today and in a future adverse possession lawsuit.

An assignment of possessory rights does not give you title: it brings you closer. Title comes with adverse possession.

First consultation

What to have at hand

If you don’t have everything, we can still start: we request much of the information ourselves.

  • Your ID or passport.
  • The property number (padrón), shown on property tax receipts.
  • Property tax, utility or water receipts in your name or your family’s.
  • Purchase agreement, assignment or any document of the purchase.
  • Photos of the property and of any improvements.
  • Names of neighbors who know about your possession.
Dr. Esc. Sebastian Cuchman and Dra. Carol Martínez
The firm

Why Martínez Cuchman

  • Attorneys and a notary public in the same firm. The lawsuit and the deed are not passed from one professional to another.
  • We know these lawsuits from both sides. We also act as court-appointed defenders in adverse possession cases brought by others.
  • Written proposal. Before we begin we send you the steps, estimated timeframes, fees and costs.
  • Dra. Carol Martínez and Dr. Esc. Sebastian Cuchman, working regularly in Montevideo, Canelones, Maldonado and Rocha.
Frequently asked questions

What clients ask us most

How many years of possession do I need?

Without a title, 20 years of continuous possession as owner. With a valid title and good faith, the period is shorter. The years of whoever assigned or left you the property can be added. We review it in the consultation.

How long does the lawsuit take?

It depends on the court, the evidence and whether anyone opposes it. After the initial review we give you an estimate for your case.

How much does it cost?

Fees depend on the property and the available evidence. Before we begin, we send you a written proposal with fees and costs (survey plan, public notices, certificates).

Does a sworn statement of possession make me the owner?

No. It is evidence of possession. Ownership is obtained with the adverse possession judgment and its recording.

Can I sell if I only hold possessory rights?

Yes, through an assignment of possessory rights by public deed. The buyer receives possession, not title.

What if the registered owner or an heir appears?

They are summoned in the lawsuit and may appear. That is why it is key to prove possession well from the start.

Tell us about your case

Message us on WhatsApp with the property’s location and how long you have held it. We will reply and arrange a consultation.

WhatsApp
+598 99 394 920
Email
legal@martinezcuchman.com
Where we work
Montevideo, Canelones, Maldonado and Rocha, Uruguay