Basics Highlighted: 5. As stated above, the title to the property and its encumbrances form one unit and the five-year period for registration is no longer counted from that but from the last period when the property had actual physical substance. Let's remember the article of 2018 Civil Code It suggests that to register a property, the title of ownership should be exhibited for a period of five years. […] The Agreement does not state that title bearing domain is always enforceable, leaving aside title that is the subject of a disclaimer and is registered only by means of a disclaimer. As we mentioned, the registration title is made up of the property title and descriptive and/or modifying title (main and complementary). Consequently, in response to the dispute, it is the best title to register a property.
6. In the particular case under appeal, the property title mentioned by the Public Deed of 1985 ignored the physical specifications of the property and this fact meant that the technical cadastre area could not establish whether the abandoned area constituted the total property. In this line, the requested registration requires prior clarification and/or modification of the physical characteristics of the property and this last topic should be contemplated by Article 2018 for a period of five years. Civil Code. Consequently, the decision in the first instance is affirmed based on the considerations indicated herein.
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Sumilla.- Registration Title
The title to the registration of a property is a certifiable one A direct, immediate, and by itself, right over the property It (property title). This header should appear in the tool General and minimum age should be five years Articles from 2018 and 2010 Civil Code.
Property title and conveyance and/or modification instruments
Registration due to clarification and/or modification of documents shall have the seniority required by Article 2018. Civil CodeIf the matter of clarification and/or modification relates to space, area, boundaries and perimeter measurements.
Trujillo, October 10, two thousand seventeen.
Appellant: Shirley Susan Gonzales Pacheco
Title: 1164280-2017 dated 02.06.2017
Appearance:Registration Zone N.° VII – Headquarters Huaraz
Registration: Gardens of Huaraz
I. Act under which registration is sought and documents submitted
Through this title, Ms. González requested the registration of a 118.24 m2 urban property located in the Independencia District of the Department of Huaraz.
For this purpose, he attached the following documents:
- A deed of public sale dated 09.04.1985 was transferred in favor of Justo Vigo Roldan and Olga Ramos de Vigo, spouses of Hipolito Garcia Gacha before the notary of Juarez Regulo Valerio Sanapria.
- Transfer of Public Deed of Transfer by Succession and Rebate of the Portion by the Heirs of Olga Ramos C Vigo and Justo Vigo Roldan before Independencia DD Gomes Villar Notary.
- Descriptive memory and location-perimeter and reference plans approved by the District Municipality of Independencia (MDI).
- Negative Registration Certificate issued by MDI No. 373-2015.
- Letter No. issued by the National Water Authority (ANA). 262-2016-ANA-AAA-IV.HCH.ALA HUARAZ, with a statement issued by an officer of said institution.
- Letter No. issued by MDI. 262-2016/MDI-GM-UGRD/LFGA to which the statement of the said company officer is attached.