Chile Supreme Court Upholds Precario Ruling Against Occupant

Chile's Supreme Court rejected a cassation appeal and confirmed a lower‑court decision that ordered the removal of an occupant who had no legal title to a property. The Court found that the defendant failed to prove any authorization from a spouse or co‑owner to occupy the land, and therefore the occupation was merely tolerated by the owners. The ruling upholds the earlier judgment of the Court of Appeals of Valparaíso, which had accepted the precario claim without costs.

The decision reinforces the legal requirement that adverse possession must be without any contractual basis or owner consent, and it underscores the judiciary's stance on protecting property rights in Chile.