An escritura pública (public deed) is the standard form of ownership international buyers are most familiar with. It is executed by a notario público and registered in the Registro Público de la Propiedad, creating a state-level public record of ownership.
An Acta de Posesión is another form of property documentation commonly found in many parts of the Oaxacan coast. It is issued by the local municipality and formally recognises possession of a property. In many areas it is the established legal way of documenting property rights.
Unlike an escritura pública, an Acta de Posesión is not registered with the Registro Público de la Propiedad. Instead it is recognised within the municipal legal framework.
The important question is not simply whether a property has an Acta de Posesión or an escritura pública, but whether the documentation is complete, whether the legal background and history are verified, and whether the instrument is appropriate for the particular property.
What each document actually is
The escritura pública is drafted and executed by a notario público, a state-appointed official. It identifies the property, the parties, the price and the chain of ownership, and it is then inscribed in the public registry against a folio number. Anyone can check that folio. That inscription is what makes your ownership enforceable against the world rather than just against the person who sold to you.
An Acta de Posesión is a much lighter document. Depending on who issues it (a municipal authority, an ejido, sometimes a notary certifying a declaration), it says, in effect, "this person occupies this land and nobody present objects." It creates evidence of a factual situation. It does not create title in the state registry.
Common questions
- Is an Acta de Posesión legal?
- The document itself can be perfectly legal and genuine. What matters is understanding what it does and does not evidence. It evidences possession, which is a different legal concept from registered ownership, with different consequences and different verification steps.
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