ERP implements advisory services in possessory information when a property title isn’t registered in the National Public Registry.
According to Article 1 of the Possessory Information Law (No. 5.257): “The possessor of real estate lacking an inscribed or inscribable title in the Public Registry may request its grant in accordance with the provisions of this law. To this end, they must demonstrate possession for more than ten years under the conditions stated in Article 856 of the Civil Code.”
Law 5.257 establishes certain requirements for an individual, with the real estate legal guidance of ERP, to file a request and register the property in the Registry, including:
The name, surnames, qualities, and address of the applicant
The nature, location, area measurement, boundaries, names, surnames, and address of neighboring landowners of the relevant property, and the linear measurement of the frontage facing public streets or roads
The names, surnames, and addresses of co-owners, if any; real burdens on the property
The time the applicant has possessed the property; the description of the acts constituting that possession and the approximate extension of existing crops and forests, buildings, and other improvements. If the property is used for livestock, it should specify the number of hectares of pastureland, sites, or grazing areas and provide certification from the Central Office of Livestock Brands indicating that the applicant has registered their brand or mark for livestock.
Explicit statement by the applicant that the property has not been registered in the Public Registry, lacks an inscribable title of ownership, and that the application does not seek to evade the consequences of a succession lawsuit.
Contact ERP for highly professional advisory services regarding Possessory Information matters.
