La redefinición de los derechos de propiedad: A propósito de los decretos sobre cercados de las Cortes de Cádiz (1810-1823)

The aim of this article is to analyse one of the liberal agrarian reform measures that has been largely overlooked by the historiography, the enclosure of land and its policies. The work is laid out in three parts: first I go into the study of enclosures before 1808; secondly, into the debates held in the Cortes de Cadiz and in the «liberal triennium» and to what extent the Enlightment influenced them. Lastly, into the enforcing of the decree of January 14 1812 in the "Campo de Gibraltar». The debates show the lack of a consensus opinion among the deputies over the redefining of land property rights. Some were in favour of perfect property, which made it necessary to abolish the derrota de mieses and other communal practices that taxed rustic property. Others thought that serfdoms were to be maintained and these included the above customs. This meant the support for imperfect property, no doubt in order to avoid making more enemies to the liberal cause. This is the way it was sanctioned by the Cortes de Cadiz decrees. The enforcement of one of these decrees in the "Campo de Gibraltar" brought to Iight the difficulty in bringing together the interests of the land owners with those who had certain rights over their lands.