Acción Plenaria de Posesion Publiciana
Acción Plenaria de Posesion Publiciana
José Luis Lozada Ávalos is making a legal claim called 'JUICIO ORDINARIO CIVIL ACCIÓN PLENARIA DE POSESIÓN (PUBLICIANA)' against Plutarco Gutiérrez Juárez and others, asserting his superior right to possess a piece of land in San Antonio Mihuacan, Coronango, Puebla . His legal basis includes proving the purchase of the land on April 4, 2016, which was registered in his name in the Public Property Registry on April 12, 2016 . He also claims possession until April 12, 2017, when he was prevented from fencing the property by the defendants . Additionally, he claims compensation for damages from inability to utilize the land . His legal arguments are supported by various documented public and private proofs including purchase records and tax documents .
José Luis Lozada Ávalos's legal strategy, relying on documented evidence of ownership and the absence of known legal encumbrances, coupled with external witness attestations, appears robust. However, challenges include overcoming local resistance and biases from politically connected opponents, potentially undermining the efficacy of formal legal instruments amidst informal power dynamics. Success depends on the court's ability to independently evaluate evidence against local pressures, emphasizing the legal framework over extrajudicial influences .
José Luis Lozada Ávalos relies on multiple forms of documentary and testimonial evidence to support his legal claim. This includes a certified copy of the property deed, tax payment records demonstrating recognized ownership, and witness testimonies corroborating the circumstances under which attempts to establish a fence were obstructed. These evidences are crucial for substantiating legal ownership, the lack of any legal encumbrances, and his intent to uphold and maintain possession. These collective evidences aim to create an irrefutable chain firmly establishing his rights in court .
The conflicting interests in this property dispute involve José Luis Lozada Ávalos, who asserts legitimate ownership and right of possession based on a formal purchase, registration, and tax payment, against Plutarco Gutiérrez Juárez and others who challenge his right to install a perimeter fence. Their refusal to allow installation and demand for monetary compensation highlights a clash over property boundaries and potential trespassing or encroachment issues. The case reflects issues of legal title versus local claims or customary practices, complicating judicial decisions .
José Luis Lozada Ávalos has compiled several documents to support his claim, including certified copies of the land purchase notarized by Notary Public number 8, registration certifications from the Property Registry, and payment records of property taxes . Also, he presents testimonies from witnesses present during the fence installation attempt and various notarized documents detailing the land's possession history . These documents substantiate his superior claim to land possession by proving legitimate purchase, continuous ownership, and an attempt to exercise property rights through fencing .
If local authority bias continues to impede José Luis Lozada Ávalos' legal efforts, he could pursue several remedies. One option is escalating the case to higher judicial authorities or state-level courts, where impartiality may be more stringently enforced . He may also seek intervention from government ombudsmen or anticorruption bodies if local favoritism is affecting judicial fairness . Additionally, engaging in public advocacy or media could generate awareness and pressure for unbiased proceedings, potentially achieving indirect resolution through public scrutiny . However, these approaches would need careful navigation to avoid local backlash .
Legally, the demand for restitution requires the court to enforce José Luis Lozada Ávalos's rightful possession by removing all impediments to his property use, affirming his ownership and rights to exclusive possession. Practically, it involves the enforcement of a legal decision mandating the dismantling of any encroachments and allowing construction or improvements on the property, ensuring José Luis Lozada Ávalos can develop or utilize his land as intended, potentially requiring law enforcement intervention to ensure compliance .
José Luis Lozada Ávalos supports his claim to ownership of the 'San Antonio' property through various legal documents, including a contract of sale that is supported by evidence from the Notaria Pública and certified by the Registro Público de la Propiedad showing that the property is duly registered in his name and free of encumbrances as of April 12, 2016. Furthermore, he presents documents showing continuous possession and payment of related property taxes .
The civil case is governed by specific legal principles cited in the claim: Articles 100 and related provisions of the Código de Procedimientos Civiles for the State and Articles 1360 to 1367 and others of the Código Civil for the State of Puebla. These articles delineate procedural requirements, evidentiary standards, and the substantive legal framework applicable to ownership and possession disputes, guiding legal evaluation and judgment in José Luis Lozada Ávalos's case .
José Luis Lozada Ávalos justifies his demand for damages by detailing the deterioration of his property due to neglect and unauthorized use by others, as they dispose of garbage on the land, viewing it as abandoned because he cannot develop it . Additionally, he seeks compensation for continued rental expenses since he owns land unsuitable for building due to interference from the defendants . Specifically, he is seeking a compensatory amount calculated at sixty thousand pesos, which includes continuous calculation from the time of the initial interference until possession is restored .