ERP implements advisory services in possessory information when a property title is not registered in the National Public Registry.
According to Article 1 of the Possessory Information Law (No. 5,257): ‘The possessor of real estate lacking a registered or registrable title in the Public Registry may request that it be granted in accordance with the provisions of this law. For this purpose, he must demonstrate possession for more than ten years under the conditions specified in Article 856 of the Civil Code.’
Law 5,257 establishes certain requirements for a person, with ERP’s legal real estate advice, to submit a written request and register the real estate in the Registry, namely:
1. The name, surnames, qualities, and address of the applicant
2. The nature, situation, surface measurement, boundaries, names and surnames, and address of the adjoining owners of the land in question, and the linear measurement of the front to public streets or roads
3. The name, surnames, and address of the co-owners, if any; the real burdens weighing on the property
4. The time the applicant has been in possession of the property; a description of the acts that have constituted that possession and an approximate extension of existing crops and forests, constructions, and other improvements made. If the property is livestock, the number of hectares of pasture, sites, or pastures should be stated, and a certification from the Central Office of Livestock Brands should be provided indicating that the titleholder has registered in his name the cattle brand or mark
5. Express statement by the titleholder that the property has not been registered in the Public Registry, that it lacks a registerable title of ownership, and that the request does not intend to evade the consequences of a succession lawsuit
6. The estimated value of the property and a place for receiving notifications within the respective perimeter.
