A guide to the title regularization procedure under Decree Law 2,695 (D.L. 2.695), the role of the Ministry of National Assets, and the main stages, deadlines and requirements that possessors face.

Many families possess and live on land for years, even for generations, without a registered ownership title in their name. Decree Law 2,695 (D.L. 2.695) provides a path to regularize that situation. This guide explains how the procedure works.

Who can regularize?

Regularization may be requested by anyone in material possession of a property (urban, or rural with a tax appraisal not exceeding the legal limit) held in a manner that is continuous, exclusive and free of violence or concealment, for a minimum period of five years, and who lacks a registered title or holds one with defects.

Stages of the procedure

  1. Filing the application with the Regional Ministerial Secretariat (SEREMI) of the Ministry of National Assets (Bienes Nacionales), together with the records that prove possession.
  2. Review and survey of the property.
  3. Publication of notices to give the application publicity and allow potential oppositions.
  4. Opposition period for third parties who believe they hold rights over the property.
  5. Resolution recognizing the applicant as a regular possessor.
  6. Registration with the Real Estate Registrar (Conservador de Bienes Raíces). Once one year has elapsed from registration without a successful challenge, the possessor acquires ownership by prescription.

Points to consider

  • The procedure is not available where lawsuits over ownership or possession are pending, or with respect to certain assets excluded by law.
  • Oppositions must be grounded and supported by evidence; proper legal advice makes it possible to anticipate and respond to them.
  • Timeframes vary depending on the workload of the regional SEREMI and the complexity of the case.

Recommendation

Regularizing land provides legal certainty: it allows you to sell, mortgage, pass on by inheritance, and access benefits and subsidies. Given the diversity of possible situations, we recommend a prior review of the records to define the best strategy.

This article is general and informational in nature and does not constitute legal advice for any specific case. If you wish to regularize a property, contact us to assess your situation.