Property rights in the midst of the transition: Interventions of the Colombian Constitutional Court in property rights

The action of the CCC in the past 10 years has expanded to some areas of the law that are not usually under the lenses of constitutionalists such as civil law. Given the transitional context created by the Law of Victims and Land Restitution in 2011 and the peace agreement between the government and the FARC, the Court has intervened in policy areas directly related to property rights over land. This paper analyzes how the Court has shaped and redefined property relations through the revision of policies through which people can have access to the land. The analysis of the decisions of the CCC shows that constitutional jurisprudence is changing the historical balance between social actors regarding access to land and tenure security over land. The article depicts and describe the state of property rights over rural lands, identity the interventions of the Court and construct a framework to understand how distribution and legal certainty are put in balance in the constitutional review.