Commodatum contract for a house or farm in Colombia: what it protects for the owner and what it does not

Quick answer: a commodato is the free loan of a property so that another person can use it and return it. It is perfected upon delivery of the keys, but having it in writing gives you proof that the occupant received the house while acknowledging you as the owner. It is not a shield: it does not guarantee that a dispute will never arise.

Almost all of us know the case: the family farm is left alone, it is handed over to a cousin or the caretaker "for now," and ten years later nobody remembers how the arrangement started. That "for now" without paperwork is what worries owners most. Here I explain what the Civil Code says, what to agree on, and where the limits are. This is general information and does not replace a lawyer.

What a commodato is and what it is not

According to article 2200 of the Civil Code (compilation by the Secretaría del Senado, consulted on October 16, 2026), a commodato or loan for use is the contract in which one party delivers to the other, free of charge, a movable or immovable property so that it may be used, with the obligation to return the same property when the use ends. It is not perfected except by delivery.

Three clarifications that avoid confusion:

• If there is a price, it is no longer a commodato. Charging rent is a lease. Law 820 of 2003 regulates the rental of urban housing in exchange for a set price, so a free loan falls outside that definition. If your case involves charging for the farm, check the guide to renting a country farm; and if you charge by the day or for weekends, the rules for weekend farm rentals.
• It is not a mutuum. A mutuum lends consumable goods and transfers ownership. A house or a farm must be returned in the same form, which is why a commodato is used.
• It does not require a public deed. A private document is enough between the parties. Notarizing it is a practice to record a verifiable date and signatures, not a formal requirement of article 2200.

Mere holding and possession: why you remain the possessor

Possession is holding a thing with the intent of an owner; mere holding is having it not as owner but in the place or on behalf of the owner, acknowledging someone else's ownership (arts. 762 and 775). Whoever lends under a commodato keeps their rights over the property, even though they cannot exercise those that are incompatible with the use granted (art. 2202), and keeps possession (art. 786). The occupant, as long as they acknowledge that the house is yours, is a mere holder.

A reassuring fact: article 777 says that the mere passage of time does not turn mere holding into possession. Careful, though: that does not mean time doesn't matter, as you will see in the section on prescription.

Fixed term or precarious commodato

Here it is worth being clear about three situations:

1. Fixed term or specific use (art. 2205). It is returned at the agreed time or, if there is none, after the use for which it was lent. Example: the farm is lent to a nephew while he finishes a specific agricultural project.
2. Precarious by reservation (art. 2219). The owner reserves the right to demand the property at any time. It works for a caretaker who lives in the farm house while you decide what to do with it.
3. Precarious for lack of term and use (art. 2220). If it is not lent for a particular service and no return time is set, the law treats it as precarious. Holding without a contract, through ignorance or the owner's mere tolerance, is also precarious.

Early restitution applies in three cases: the commodatario dies (except for a particular service that cannot be deferred), the lender faces an unforeseen and urgent need, or the service has ended or never took place. And if the occupant uses the house for something other than what was agreed, you can demand compensation and immediate return even if a term has been set.

If the owner dies, the commodato does not end: rights and obligations pass to the heirs of both parties. That said, the heirs of the commodatario, in principle, cannot keep using the property.

Prescription: what the contract does and does not prove

This is the underlying fear. The time limits in the compiled text are: ordinary prescription of real estate, five years with regular possession; extraordinary, ten years (Law 791 of 2002 and art. 2532, consulted on October 16, 2026; the Senate compilation marks art. 2532 as conditionally enforceable). A commodato is not a just title for transferring ownership.

In addition, article 2531 says that a title of mere holding presumes bad faith and does not give rise to extraordinary prescription, unless two things concur: that the person claiming to be the owner cannot prove express or tacit acknowledgment of their ownership in the last ten years, and that the occupant proves having possessed without violence, concealment, or interruption during that time.

Translated into real life: a signed commodato is proof that the handover was made acknowledging someone else's ownership. It is not a clause that permanently erases a later change in conduct. If the occupant stops acknowledging you, what matters is that you have evidence of that acknowledgment. That is why it is wise to keep the contract, the inventory, messages, and receipts in which the occupant treats you as the owner.

• Prescription can only be waived after it has been completed; an advance clause saying "I waive prescription" is not a shield.
• The code does not create an exception for family members: prescription also exists between relatives.
• As long as a registration remains in place, whoever takes possession of the registered property does not acquire possession or end the existing one (art. 789). Do not read this as a promise that no judge will review a lawsuit.

Heads up: this article summarizes the code consulted and does not replace advice on a specific case. If there is already a dispute or the occupant refuses to leave, a lawyer should handle that.

What to agree on in the contract

There is no official template that works for everything. Downloading a form from the internet and signing it without reading it is a bad idea. Here is a list of points to discuss and put in writing:

• Parties and property: identification of both parties and description of the property, including the real estate registration number you already have in your papers.
• Permitted use: family housing, caring for the farm, specific cultivation. The occupant may only use it for that or for the ordinary use of property of that kind.
• Term or precarious nature: write which of the three situations applies. Do not leave it ambiguous.
• Inventory and photos: condition of walls, roofs, furnishings, and fences on the day of handover.
• Who pays what between you: utilities, property tax, administration, and minor repairs. It is an agreement between the parties.
• Improvements: whether they can be made and what happens to them upon return.
• Prohibition on transferring use: no subleasing or lending to third parties.
• Return: date, form of notice, and the condition in which it must be returned.

On care: as a rule, the commodatario is liable even for the slightest fault; if the commodato benefits both parties, for ordinary fault; if it benefits only the lender, for gross fault (arts. 2203 and 2204).

Utilities: a private agreement does not release you

You can require the occupant to pay and to show you the bills. But under public utility contracts, the owner or possessor, the subscriber, and the users are jointly liable (art. 130 of Law 142 of 1994, text analyzed in ruling C-690 of 2002, and opinion 362 of 2025 from Superservicios). If no one pays, the company can charge you. Check the bills from time to time.

Certain date with respect to third parties

Between the parties, the contract is valid upon delivery. With respect to third parties, the date of a private document counts from an event that establishes its existence with certainty, such as submitting it to a proceeding, recording it in a public registry, or the death of one of the signatories (art. 253 of the CGP). Notarization helps, but it is not the only means.

If the property is not returned to you

First, a written demand, with the contract at hand, requesting return according to the agreed term, use, or precarious nature. If they refuse, go to a lawyer. Cutting off services, changing locks, or removing the furniture on your own is not the restitution regulated by the Civil Code, and it can get you into trouble. Nor does the service and guarantee process of urban housing rental carry over to a commodato.

If you live far away and need someone to watch over the property, that role is different from that of an occupant under a commodato: see how property management works for owners who live abroad. And if your question is about dividing the land, that is another topic, covered by the guide to subdividing a rural lot.

Or maybe you should sell?

Lending a farm for years without using it also has its cost: family tension, accounts to review, and the feeling of having an idle asset. According to active listings on Colombia Move (October 2026), there are 32 farms and 15 country homes, plus those for lots and the rest of housing. If the loan no longer suits you, before selling make sure to regain possession calmly and with proper paperwork. Afterward, a clear listing with real photos, location, condition, and what is included will save you from curious onlookers. See also how country homes for sale.

Frequently asked questions

❓ How much does it cost to draw up a commodato contract for a house or farm?

A commodato is free between the parties, and the law does not require a public deed for it to exist. If there is a price, it is no longer a commodato (article 2200, consulted on October 16, 2026).

❓ How does a commodato with a fixed term differ from a precarious one?

With a fixed term or specific use, return follows article 2205. It is precarious if the owner reserves the right to demand the property at any time, or if there is neither a particular service nor a term. Holding without a contract through simple tolerance is also precarious. (verify with the official source)

❓ Does signing a commodato prevent a family member from acquiring the farm through prescription?

Not by itself. The written document proves that they received the property acknowledging you as the owner, and a title of mere holding does not open extraordinary prescription except under the two conditions of article 2531. If they later act as owner, you should consult a lawyer. (verify with the official source)

❓ Does a commodato have to be signed before a notary to be valid?

No. Between the parties, it is perfected upon delivery of the property and can be recorded in a private document. The notary serves to record the date and signatures, but it is not a requirement for existence under article 2200. (verify with the official source)

❓ Who pays for electricity, water, and administration during a commodato?

They can split it in the contract; usually the person who uses the house pays. Even so, the owner or possessor, the subscriber, and the users remain jointly liable before the public utility company, so ask for the bills. (verify with the official source)

❓ How can I sell my farm safely and avoid scams after a commodato?

First recover possession with a written demand and, if there is resistance, with a lawyer. Then publish with your own photos, clear property details, and do not hand over documents or money outside a verifiable process. Be wary of anyone pressuring you for advance payments. (verify with the official source)

❓ Where can I list my farm or country home for sale?

You can do so in the farm or country home category of Colombia Move, with photos, location, condition, and what is included. You can also compare with other channels you know, such as WhatsApp groups or real estate portals.