Tensions between property and possession: legal analysis and expert perspectives within the statutory framework of Jalisco, Mexico

Abstract

In Mexico, the legal figure of possession often conflicts with ownership rights, especially when it grants the possessor advantages that, though legal, may be unfair to the legitimate owner. This issue is particularly acute in the state of Jalisco, where judicial processes to recover possession of real property can take several years, causing significant loss of usufruct for the owner. This article aims to conduct a systematic analysis of the legal concepts of property, possession, adverse possession, and other related institutions within Jalisco’s legal framework. It also seeks to assess the views of civil law specialists on legal reforms to address these tensions. The study employs a combined approach: a documentary review of historical and doctrinal developments, and a survey targeting legal experts in Jalisco. Findings suggest an urgent need for legal reforms that reconcile the possessor's rights with effective protection of ownership, especially in the face of unlawful practices that—though legally recognized—undermine legal certainty for property owners.