Abstract

ACOSTA-SUPE, William David; CHACON-GOMEZ, Nayibe  and  CASTRO-SANCHEZ, Fernando. Risk analysis in the acquisition of undivided lots in Ecuador. Noesis [online]. 2025, vol.7, n.esp1, pp.1013-1031.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.463.

The purchase of undivided rights to land in Ecuador is a legal act; however, there is a significant risk if all rights are not acquired. This article aims to analyze the legal risks faced by a buyer when acquiring undivided rights to a plot of land. The research, based on interviews, confirms that, although this act is legal and constitutional, it entails significant challenges. The buyer becomes a co-owner, but the main risk identified is the inability to register their share as an individual lot in the Property Registry. Instead, the right is recorded as a simple percentage of the main property, without delimiting a specific physical area. This limitation severely restricts the practical exercise of the real rights of use, enjoyment, and habitation, preventing the new co-owner from taking effective and exclusive possession of any specific part of the land.

Keywords : Purchase of undivided rights; legal risks; real estate co-ownership; specific property; property registry..

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