Civil trials and litigation

Legal defense specialized in civil conflicts

We litigate disputes over real property: shifted boundaries, occupations, tenants who will not give the property back, estates that cannot be divided, easements denied and sales not performed. The correct procedural route depends on what is in dispute and what evidence exists, and choosing wrong means the court dismisses the claim with costs after months. That is why we always begin by reviewing the titles before suing.

In the civil field, legal conflicts can deeply affect your assets, your business, and your personal peace of mind. Our team of litigating attorneys offers solid and strategic representation in all types of civil controversies, guaranteeing the protection of your rights and the search for favorable resolutions before the courts of justice.

We resolutely assume your defense in a wide range of matters: from lease lawsuits, debt collection (executive trials), and compensation for damages due to civil liability (contractual and extra-contractual), to the resolution of conflicts over breach of contracts, corporate disputes, and, of course, complex real estate litigation such as vindication actions and partition lawsuits. We litigate firmly and rigorously in all judicial instances.

Choosing the right procedure

It is the decision that determines the most cases. The clearest example is eviction: precarious occupation proceedings are the wrong route where a tenancy agreement existed, and the Supreme Court has said so repeatedly, yet they are still filed. The result is a dismissed claim, the occupier still in the property and a year lost.

Where there is a written contract and unpaid rent, the right route is the summary procedure under Law 21,461, today the fastest one. Where the contract has expired, where there never was one, or where it is a case of occupation, the routes are different. We develop this in our guide to evicting a tenant.

Boundary and occupation disputes

The neighbour who moved the fence is a frequent case and is rarely resolved by arguing. What decides the matter is technical evidence: a georeferenced survey contrasting the registered boundaries with those existing on the ground, together with the registry history of both plots.

With that material, the dispute often closes before reaching court, because the other side sees that the discussion is not one person's word against another's. Where there is no agreement, it is that same evidence that supports the claim.

Estate partition proceedings

When heirs cannot reach agreement, none of them is obliged to remain in co-ownership: it is enough for one to ask for partition to proceed. It is resolved by an arbitrator judge, an external lawyer appointed to act as a private judge, whose award divides the estate according to each share even if one of them objects.

It is also the way out when an heir refuses to sign the sale or cannot be found, because their consent ceases to be necessary. Before getting there it is worth exhausting the route of agreement, which is faster and considerably cheaper; we assess it together with our inheritance department.

Defence against collection and attachment

We take on the defence in enforcement proceedings, including collection by the General Treasury of the Republic. In property tax and student loan matters there are concrete defences that do not operate by themselves: the limitation period for older instalments has to be pleaded, and non attachable funds have to be invoked.

Where the problem is the charge and not the lawsuit, the way out often lies with our property tax department, by correcting the appraisal that gave rise to the debt.

Before you sue

Starting proceedings without reviewing the titles is the most usual way to lose them. The title study determines who the registered owner is, what encumbrances weigh on the property and whether there are pending procedures that change the strategy.

At the first meeting we tell you frankly whether your case has substance, what evidence is missing and how long it may take. We would rather say that a case is weak than charge for litigating it.

Expert representation in patrimonial and contractual litigation
Management of collections and executive trials
Strategic defense against third-party lawsuits
Resolution of civil, real estate and corporate conflicts

Frequently asked questions

What is a precarious judgment and when does it apply?

Applies when a person occupies your property due to your simple tolerance or ignorance, without any prior contract. It is the ideal way to evict illegal occupants quickly.

How long does an eviction trial for unpaid rent last?

With the entry into force of the new Give Me My House Law, the process has accelerated considerably and may take between 2 to 4 months to achieve public launch.

What do I do if my neighbor ran the fence onto my property?

We must file a Claim Action or Demarcation and Enclosure Action. In these disputes it is vital to have our topographic reports as expert evidence.

How long does a civil case take in Chile?

It depends on the procedure. A summary tenancy case can be resolved in months, while ordinary ownership proceedings or a complex partition run considerably longer. At the initial assessment we give you a realistic range for your case, not a promise.

Can I sue if the property is not registered in my name?

It depends on what you want to claim. Some actions require you to be the registered owner and others protect material possession. If the underlying problem is the lack of title, often the right order is to regularize first and litigate afterwards.

Is going to court always the right move?

No. A well drafted agreement is usually faster, cheaper and safer than a judgment. Litigating makes sense when the other side will not negotiate or when what is at stake justifies it, and that assessment is made before filing the claim.

Do you have an inquiry?

We assist you directly. No intermediaries, no delays.

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