Possession can be transferred to the buyer when the parties agree to do so. And it is reasonable that possession is passed to the buyer as soon as the buyer has paid a significant amount of the price.
A lawsuit aimed at obtaining possession of a property is significantly more problematic than a lawsuit aimed at obtaining the title deed of a property. That is why the tips when you want to acquire a property are:
1. Make sure that whoever is selling you the property has possession of it. This can only be corroborated by a physical inspection. Because possession is a “de facto” issue. Make sure that whoever is selling you has easy access and disposal of the property. And that inside the property, there are no signs of a 3rd party improperly using the property (an invader).
2. Make sure that you are given the possession of the property, both legally and physically, at the time you have agreed with your seller that this will happen.
Due to the problematic nature of a repossession proceeding, a seller usually does not deliver possession until the price has been paid in full. Or it could also be that the seller is willing to deliver possession, if an installment sale was agreed upon in which he has sufficient guarantees to cover the balance of the purchase price.
When it corresponds that they deliver you the possession of the property, make sure that the contract (private or in public deed) indicates that they are giving you the possession, and that they physically hand it over to you. That is to say, that they give you access to the property and that you can physically use it.
There are cases where the possession is given in contract, but not physically. And when the purchaser wants to have access to his property, he realizes that there is an invader.
