In the processes of ownership of rural property, different points of view have been presented for the determination of the legal nature of the litigious goods. On the one hand, the Supreme Court of Colombia has recourse to the legal presumption of private good when it is owned together with economic exploitation under the terms of Act 200 of 1936, and if the economic exploitation is kept, the good can be acquired by prescription. On the other hand, the Constitutional Court of Colombia considers as a sign of State-owned land the lack of registered owners and that the fact that the demand is directed against undetermined persons. After the analysis of these points of view, we support the Supreme Court’s position based on the structure and mandatory nature of the legal presumptions.