Understanding Squatters' Rights ('Invasores') and How to Legally Protect Your Vacant Property in Ecuador

As an expat residing in or investing in property in Ecuador, particularly in cities like Cuenca, you rightfully cherish your real estate holdings. However, a significant concern, especially with vacant land or unoccupied homes, is the issue of squatting, or invasión in Spanish. The legal landscape surrounding property rights and unauthorized occupation is intricate. This guide, drawing upon specific Ecuadorian legal frameworks and practical experience, demystifies the concept of invasores and provides a clear, actionable strategy for legally protecting your vacant property.

The Ecuadorian Legal Framework: Two Paths to Reclaiming Your Property

In Ecuador, property ownership is a constitutionally protected right, elaborated in the Código Civil (Civil Code). However, the law provides different avenues for addressing unauthorized occupation, and understanding the distinction is critical.

An invasor is an individual or group who occupies property without the owner's consent or legal title. Crucially, Ecuadorian law differentiates between a recent invasion, which can be treated as a crime, and a long-standing occupation, which may fall into a complex civil matter.

1. The Civil Path: "Prescripción Adquisitiva de Dominio" (Adverse Possession)

The concept that most alarms foreign owners is adverse possession, known locally as prescripción adquisitiva de dominio. This is not an automatic right. It is a claim an occupant can attempt to make through a lengthy court process. To even begin such a claim, the occupant must prove their possession was:

Public and Peaceful: Not hidden and without violence.
Uninterrupted: Continuous for the legal period.
With the Intent of Being the Owner (ánimo de señor y dueño): This is the key. They must have acted like the owner—for example, by paying property taxes, making significant improvements, or connecting utilities in their own name—not merely existing on the property.

Per Article 2411 of the Civil Code, the standard period for this claim is five years if the occupant has some form of title (justo título) and is acting in good faith, and fifteen years for "extraordinary" prescription where no title exists. Allowing an occupation to linger for years is the single greatest risk to an owner.

2. The Criminal Path: "Usurpación" (Usurpation/Criminal Trespass)

For recent invasions, the more effective route is often criminal. Article 201 of the Código Orgánico Integral Penal (COIP - Criminal Code) defines the crime of usurpación. This crime occurs when someone, through violence, threats, or deceit, seizes possession of real estate. A conviction can lead to imprisonment. This criminal process is often faster and provides more immediate remedies than a civil lawsuit.

Common Pitfalls for Expats and Property Owners

Delaying Action: The most critical error is waiting. The legal concept of flagrancia (a crime in progress) is powerful. If you report an invasion within the first 24-48 hours, you have a stronger case to argue for immediate police intervention to remove the invaders, as it's treated as a flagrant crime rather than a pre-existing civil dispute. After this window, the process becomes more complex.
Self-Eviction: Physically removing occupants, changing locks while they are inside, or cutting off utilities is illegal. This can expose you to criminal charges of coercion (coacción) under the COIP, completely undermining your position as the victim.
Relying on a Simple Police Report: A common mistake is simply calling the local police precinct. While a parte policial is useful, it's often insufficient. The legally effective step is to file a formal denuncia (criminal complaint) at the Fiscalía (Prosecutor's Office) for the crime of usurpación. This officially initiates a criminal investigation.
Incomplete Property Documentation: Having your title (escritura pública) is not enough. It must be correctly registered at the Registro de la Propiedad in your canton. Furthermore, you must have proof of up-to-date property tax payments (pago de impuesto predial), as this is a primary indicator of rightful possession.

Legal Steps to Protect Your Vacant Property

Protecting your property requires proactive and legally sound measures.

Step 1: Secure and Monitor Your Property

Physical Deterrents: Ensure your property is well-fenced with clear "Propiedad Privada - No Pasar" (Private Property - No Trespassing) signs. Secure all entry points on buildings.
Create a Presence: Even if vacant, the property must appear managed. Hire a local individual to perform basic maintenance (e.g., cutting grass, checking fences) on a regular, documented basis. This interrupts any claim of "abandonment."
Neighborly Alliance: Cultivate good relationships with your neighbors. They are your first line of defense and can provide immediate notice of suspicious activity, which is crucial for invoking the flagrancia principle.

Step 2: Document an Invasion Immediately and Professionally

If you discover an unauthorized occupation:

Do NOT Confront: Your safety is paramount. Do not engage the invaders directly.
Gather Evidence from a Distance: Take time-stamped photos and videos of the occupants, any vehicles, and any structures they have erected.
Hire a Notary for an Acta de Constatación Notarial: This is a powerful, expert-level step. For a fee of approximately $150-$250, a Notary Public will visit the property and create a legally binding document that officially attests to the fact of the invasion, describing the people and structures present. This notarized evidence is extremely difficult to dispute in court.
Obtain a Fresh Certificado de Gravámenes: Immediately go to the Registro de la Propiedad and request an updated Lien Certificate for your property (approximate cost: $15). This proves to the authorities that you are the registered owner and that there are no other recorded claims.

Step 3: Initiate Decisive Legal Action

With your evidence in hand, your lawyer will guide you on the best path, which is almost always the criminal one first.

Engage an Experienced Ecuadorian Attorney: Do not attempt this alone. You need a lawyer who specializes in real estate litigation (derecho inmobiliario) and criminal law.
File a Denuncia at the Fiscalía: Your lawyer will draft and file a formal criminal complaint for usurpación under COIP Article 201. This prompts the prosecutor to open an investigation.
Request Precautionary Measures (Medidas Cautelares): As part of the criminal proceeding, your lawyer can request that the judge order the immediate eviction of the invaders to prevent further damage to the property while the case is ongoing.
Pursue a Civil Action Concurrently or Subsequently: A civil lawsuit for recovery of property (acción reivindicatoria de dominio) can also be filed. This process is governed by the Código Orgánico General de Procesos (COGP). It is typically slower and more methodical, focusing purely on who has the better right to possession, but it remains a valid legal tool if the criminal action falters.

Step 4: The Legal Process

Criminal Investigation (Instrucción Fiscal): The prosecutor will gather evidence, including your documents, the notarized act, and witness statements. They may order a police inspection of the site.
Hearing: A judge will hear the arguments. If the evidence of usurpación is strong, the judge can issue orders for removal.
Enforcement (Desalojo): If the court orders the occupants to leave and they refuse, the order is enforced by court officials (policía judicial) with the support of the National Police. This is the only legal way to physically remove squatters.

Legal Checklist for Cuenca Expats

[ ] Title Perfected: Your Escritura Pública is correctly registered at the Registro de la Propiedad del Cantón Cuenca.
[ ] Taxes Paid: You have digital or physical receipts of your latest Impuesto Predial payments.
[ ] Property Secured & Monitored: The property has physical barriers and a local contact person for regular checks.
[ ] Emergency Kit: You have a digital folder ready with your property title, tax receipts, and the contact information for your trusted Ecuadorian lawyer.
[ ] Fresh Certificado de Gravámenes: Obtain one annually to ensure your title remains clear.

⚠️ Legal Alert: When to Stop and Immediately Consult an Attorney

The very moment you suspect an invasion. The first 24 hours are your "golden hours" for a swift resolution.
If you see any building materials or land demarcation. This shows intent to remain and strengthens the invader's position over time.
If you are contacted by anyone claiming rights to the property. Do not negotiate. Refer them to your attorney.
NEVER attempt a "self-help" eviction. This is the fastest way to turn yourself from the victim into the accused.

Conclusion

Protecting your real estate investment in Ecuador from the threat of invasores requires vigilance and a correct, immediate legal response. While the law can seem complex, it is firmly on the side of the documented property owner. By securing your property, preparing your documentation, and engaging expert legal counsel to pursue a criminal complaint for usurpación the moment an issue arises, you can effectively defend your rights and preserve your valuable asset.