Evicting Squatters & Occupants in Chile

Two kinds of unwanted occupant, two sets of rules

Owners abroad usually describe the problem in one sentence: someone is on my property and will not leave. Chilean law needs to know how they got there. A relative, caretaker, former employee or friend who was allowed in and stayed on is not the same as a stranger who forced entry. The first is a civil matter called precario. The second can also be a crime, usurpation, which was strengthened by Law 21.633 in November 2023.

Both situations share one rule: you cannot solve it yourself. Changing locks, cutting utilities or removing belongings can expose you to criminal and civil liability, and it often gives the occupant a stronger position in court.

What we handle

The precario action

Article 2195 of the Civil Code describes precario as holding someone else's property with no prior contract, through the owner's ignorance or mere tolerance. The owner files a civil action to recover the property. In practice, you show that you own the property, usually with a current registry entry from the Conservador de Bienes Raíces, and that the defendant occupies it. The burden then shifts to the occupant to justify their presence with a contract or other right that binds you.

A recent reform, Law 21.461, added a faster monitory step, in which the court can order return of the property if the occupant does not oppose within a short period. If the occupant opposes with a serious justification, the case continues as a full trial. If there was a lease, the lease eviction rules apply instead.

The criminal route for invasions

Law 21.633 reinforced the crime of illegal occupation of property and created a special court measure that lets the prosecutor or the victim ask a judge to order the occupants out with police assistance, even early in the investigation. Police can act without a court order in limited situations where the occupation is just beginning. Speed matters, so contact us the day you learn of an invasion, not months later.

Because invasions, long-tolerated occupants and disputes between heirs are legally different, we start by sorting out which one you have.

Common mistakes that cost owners the case

Owners often wait months hoping the occupant will leave, send messages that sound like permission, or accept small payments that the occupant later calls rent. Each of these can support a defense that you consented. Others hire a local fixer to remove people by force, which can turn a strong civil case into a criminal complaint against the owner.

Keep everything in writing, photograph the property regularly and avoid any informal deal before speaking to a lawyer. A short, clear paper trail often decides how quickly a judge acts.