This is the number one question asked by anyone buying land in La Araucanía, and for good reason: purchasing indigenous land as a non-indigenous person can result in the absolute nullity of the sale. Here are the essentials, without scaremongering and without the fine print.
What Law 19.253 Says
The Indigenous Peoples Act establishes that indigenous lands may only be sold or transferred between indigenous individuals or communes of the same ethnic group. A contract that disregards this rule is void—not voidable: void, even if years have passed and even if the buyer acted in good faith.
What makes a piece of land “indigenous land”?
Primarily its registration history: land derived from land grants, settlements, or other titles historically granted to Indigenous individuals or communes, and land registered in CONADI’s Public Registry of Indigenous Lands. It does not depend on the current seller’s last name or what the listing says: it depends on the records.
How to verify this with certainty
- CONADI certificate: Request a certificate indicating whether or not the property is registered in the Indigenous Lands Registry. This is the key document.
- Title search: A lawyer reviews the chain of title going back in time (ideally 30 years) to look for land grants or evidence of indigenous origins.
- The seller’s word is never enough—not even if given in good faith: many owners are unaware of the registered origin of their own land.
Does that mean I shouldn’t buy in the south?
Not at all. The vast majority of parcels sold in the south are not indigenous lands and are transferred without any issues. The key is to verify before paying—with documents, not promises. A thorough title search costs a fraction of the land’s price and eliminates the most serious risk involved in rural real estate purchases. For these searches, we recommend consulting specialists such as Osiadacz Abogados.
We are the only platform in Chile where sellers can declare this status: it filters out parcels declared as non-indigenous land—and always requires documentary verification before signing.