The Civil Chamber of the First Section of the East Court ruled in favor of the Torres Legal team in the case of a dispute over a property of significant capital gain in the East. After more than five years of process, the conflict reached its final chapter, safeguarding the rights and legal security of our client.

The legal controversy involved a property that had gained capital gain after the construction of the bypass in San Miguel. Our client had obtained the property as an extraordinary asset from one of the most important banks in the country.

Our associate attorney, Rubén Rivas, explains that the controversy arises when the defendant obtains a supplemental title that materially encompassed the surface of Torres Legal’s client’s property and the adjacent property of the bank.

“A supplementary title is a figure by means of which a possessor of a property, who lacks a registered document, regularizes his right over a property,” explains Rivas.

On paper, these were two different properties; however, upon analyzing the perimeter and surface data of both properties, it was confirmed that the supplementary title materially falls on our client’s property.

Also, the portion of the property had been transferred to third parties. The firm’s client initiated claims in 2015. After several judicial decisions of annulments and resolutions, the case reached the Supreme Court of Justice where a retrial was ordered.

“After several appeals, it came back and the trial was repeated. When we arrived at the preparatory hearing, we began to execute the strategy and followed up to compare what was in the documents and in the field, with the objective of leaving no doubt to the judge that there were two properties with different license plates, but in the same area”, explained Rivas.

After several attempts and extensions by the opposing party, the hearing was held. Documentary and testimonial evidence, reports and expert reports were presented in favor of the client. Subsequently, the judge granted our client’s claim on the property.

Recently, the opposing party filed an appeal arguing that the judge’s valuation was wrong. The case went to the Civil Chamber of the First Section of Oriente, where Torres Legal had the opportunity to refute all points of the opposing party’s appeal.

Finally, the Chamber agreed with our legal team to confirm the initial decision and leave the sentence firm.