Double deeds, one of the most delicate problems in the real estate sector in Mexico, especially in high demand areas such as Quintana Roo. This conflict occurs when two different people or entities hold apparently valid deeds to the same property, which can trigger lengthy legal proceedings and put your investment at risk.
How does double writing occur?
The most common causes are:
- Failures in the controls of the Public Registry of Property.
- Notarial errors or apocryphal deeds.
- Purchase and sale of irregular or ejido land without due regularization.
- Real estate fraud by third parties.
Many times, this problem is not detected until someone tries to sell, re-deed or build on the property, at which point the dispute comes to light.
Which rights prevail before the law?
The solution will depend on a comprehensive analysis of:
- The date and legality of each deed.
- The chain of ownership and transfer of ownership.
- The principle of first in time, first in right.
- Valid and current registration in the Public Registry.
In some cases, one of the deeds may be declared null and void, either due to falsehood, error of origin or simulation of acts.
What legal actions can be taken?
- Ordinary civil lawsuit to declare the nullity of a deed or property claim.
- Amparo proceeding if there are violations to patrimonial rights.
- Request for injunctive relief to prevent the sale or modification of the disputed property.
How to prevent?
- Before acquiring a property, it is essential to carry out a real estate due diligence with expert lawyers, who verify: The authenticity and traceability of the deed, the registry and tax situation of the property, the existence of encumbrances, litigation or possessory conflicts.
What properties apply?
The trust can be used for:
- Houses and apartments in front of the sea.
- Residential lots in coastal areas.
- Real estate investments for commercial or tourism purposes.
At BAC & Cía Abogados...
We have successfully represented buyers and owners in double deed cases, protecting their investment and property rights.
We invite you to contact us.
