Modification Norms to Regularize the Possession of the Small Real State
The objective sought by this law is to safeguard the rights of third parties, potential opponents of regularization, when there are requests of this type before National Assets, adding requirements and modifying deadlines for this procedure. The modifications that were made and that seek the aforementioned objective are the following:
At the time of presenting the request for regularization, in addition to the sworn statement, the applicant must accompany a certificate of prior information for regularization purposes issued by the corresponding Municipal Works Directorate.
- To prove the non-existence of pending lawsuits, the sworn statement will not suffice, since the applicant must accompany a certificate of mortgages, liens and litigation issued by the respective Real Estate Curator.
- If the request is accepted, the respective resolution must be published, not only in the region determined by the Service, but also the commune. On the other hand, the period during which the posters of 15 days have to be fixed was added to the entire time the sanitation process lasts, adding that these posters must be posted on the front of the corresponding property.
- In relation to the limitation period for acquiring the property, the period from 1 year to 2 full years is modified after the resolution of the Service that accepted the request has been registered.
- As a result of the modification of the limitation period of 1 to 2 years, the shares resulting from the real rights of ownership, usufruct, use or habitation, active easements and the mortgage related to the real estate will also expire within the same period of 2 years. signed up.
- Likewise, in the same period of 2 years, the previous registrations of domain over the property, as well as that of the other real rights, will be canceled by the sole ministry of the law.
- In relation to the terms established to be able to encumber and sell the properties acquired by virtue of this procedure, the term of 1 year was increased to 2 years to be able to encumber and 5 years to transfer, counted from the date of registration of the resolution of the Service.
- Regarding the modification of the terms that third parties have to be able to oppose the request or the registration made on behalf of the petitioner, the term of thirty working days that was counted from the last publication is increased to be able to oppose, from the moment in which the request is accepted for processing and up to the term of 60 working days.
With this Law, the people who were affected in their real right of domain for not having been able to exercise the actions of master and owner, will have an increase in the terms to oppose in administrative or judicial, so they will be directly benefited by the modifications made to the Decree Law, having a new opportunity to recover the stripped properties.
By María Paz Contreras and Pascale De Saint Pierre