Posesión de Tiempo Inmemorial (Possession of Time Immemorial)

Abstract

This study focuses on disputes between small and medium tenants, who sought to formalize old land rights. The context under study is Rengo Valley, Chile, between 1820 and 1830, where there was increasing pressure to clarify rights over possessions. The analysis of a sample of 31 trials showed the relevance of the judicial use of the figure Posesión de Tiempo Inmemorial (Possession of Time Immemorial). This was a resource derived from the value of possession in the Hispanic American agrarian legal culture, one that the litigants used strategically. This study’s findings provide new data on the use of socially valued legal figures in justice to defend possession, thus contributing to the discussion on the dispossession of peasants in contexts of proprietary formalization.