THE CATASTRO GEOMÉTRICO PARCELARIO IN ALL THE TERRITORY OF NATIONAL JURISDICTION He will be in charge of the National Disaster Management and understands the physical and legal aspect. LEY N° 14.159
Sanctioned: September 29 - 1952
Promulgated: October 3 - 1952
The Senate and the Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
Heal with Force
PART I ARTICLE 1
The National Catastro
Proceed to the execution of the geometric plotter of the entire territory of national jurisdiction, in its two fundamental aspects, the physical and the legal, with the determining purpose of obtaining the proper location of the real estate, fixing its linear and superficial dimensions, its intrinsic nature, its nomenclature and other characteristics and ultimately healing the respective titles of property. ARTICLE 2°. -
The work referred to in this Act shall be carried out by the National Catastro Directorate, which shall function as a centralized agency under the Ministry of Public Works of the Nation.
PART II ARTICLE 3.
The physical catastrophe
The execution of the physical catastro will be carried out separately or simultaneously in the form of obtaining:
(a) The preparatory disaster;
(b) The definitive geometric plotting catastro. ARTICLE 4°.
For the formation of the preparatory cadastre, all cadastral works related to the territory of national jurisdiction shall be used, which shall be subjected to a rigorous analysis that allows to establish its degree of goodness and, correlatively, the possibility of its use. ARTICLE 5°. -
In the execution of the preparatory disaster, demarcation of the limits of the territories of national jurisdiction and their divisions shall also be carried out with the intervention of the Ministry of the Interior, where appropriate. ARTICLE 6°.
In the territorial areas where there were no catastrophic works, or where there were still no use, they would be carried out, with a view to serving both the preparatory catastro (complementation) and the final geometric plotting catastro. ARTICLE 7°.-
The geometric plotting catastro that will make it possible to obtain definitively the correct location and physical description of the properties, will be executed in the form of satisfying the modern technical requirements that this work imposes. To this end, the fundamental geodetic work that will support the preparation of the country's charter will in turn serve the geometric landfall. ARTICLE 8°.
If the urgency in accelerating the tasks for the geographical location of the properties in the areas where there is no geodetic triangulation, so required, the work of the survey can be supported in topographic triangulations and polygonations with boots and controls at points determined by astronomy positions. Such points will then be linked to the fundamental geodetic triangulation. ARTICLE 9°.
For compliance with article 7. of this Law, the Ministry of Public Works (National Directorate of the Catastro), shall have the right to demand, with priority, the realization of the fundamental geodetic work by the Military Geographical Institute, where it so needs it, being exempt from the erogations provided for in article 14 of Law 12 696. ARTICLE 10.
The definitive geometric plotter catastro will essentially carry the execution of the following works:
(b) Catastrales proper or of a plot.
As pre-catatral works, all those who support the uprising plots (geodeic-astronomic works, including the supplements of topographic order) should be understood.
Catastral work itself will be considered those that serve to obtain the delimitation and messure of each and every pred contained in the political-administrative units to be applied. ARTICLE 11.
Field and cabinet operations that require the realization of the physical cadastre referred to in Article 3. et seq., as well as the preparation of letters of different scales, records, chips, nomenclatures, etc., shall be specified in the corresponding regulation of this Law.
PART III ARTICLE 12.
The National Catastro Directorate, for better coordination of cadastral work, will intervene in all of the measurable operations that are carried out; whether administrative or private courts, with judicial or administrative approval. ARTICLE 13.
In a manner consistent with the provisions of the preceding article, the National Catastro Directorate shall immediately prepare and submit to the approval of the Executive a national regulation of benches with a view to its general application in the country, and such regulation should be used both in the operations of benches and in the uprisings of the geometric plotting cadastre carried out by the empire of this law.
PART IV ARTICLE 14.
The legal catastrophe
The tasks and operations inherent in the realization of the legal cadastre should be carried out in the establishment of the real right to dominate the properties and shall be aimed at them;
(a) The preparatory legal cadastre, as a delimitative operation to establish the alleged or real owners of the properties and their respective owners;
(b) The definitive legal cadastre, as an instrumental operation in order to authentically demonstrate the right of dominance.
The evidence already recorded and those obtained from the preparatory physical cadastre will be taken as the basis for the implementation of the preparatory legal cadastre.
In the realization of the final legal cadastre, all appropriate administrative and legal procedures will be applied, in perfect correlation with the definitive geometric plotting physical cadastre. ARTICLE 15.
The collation between de facto situations arising as a result of the execution of the physical cadastre and those of law originating in the records of the legal cadastre will serve to establish the existing differences, both in the correct location of the properties, and in the corresponding linear and surface measures and to obtain the gradual sanitation of the titles of property. ARTICLE 16.
Determine tax property, national or municipal, to all surpluses that result within the surfaces of the particular land, covered that are their legitimate titles and provided that they exceed the technically accepted tolerances in the matter. ARTICLE 17.
The right to locate the surplus is recognized in favour of the owner, provided that it is on a side of the ground and on a continuous surface.
If the owner does not exercise his right, the location of the surplus will be carried out by the National Catastro Directorate. ARTICLE 18.
The owner shall have in his favour the right of preference in the purchase of the surplus and, if not, the same right is recognized to the lindero of greater linear extension.
In both cases the sale price will be determined by the Court of Taxation which creates article 74 of the Executive Decree 33.405/44, ratified by law 12.922 , integrated to this effect only by a representative of the Ministry of Public Works.
In the case of land within the jurisdiction of municipalities or commissions for the promotion of national territories, the official of the Municipality of the City of Buenos Aires, referred to in article 74 (f) of the aforementioned Decree 33.405/44, shall be replaced by a representative of the Ministry of the Interior. ARTICLE 19. -
The purchaser of a surplus that acquires it in the exercise of the right of preference referred to in article 18 of this law, in the event of eviction and sanitation, may only require the amount of the paid price from the national or municipal State.
PART V ARTICLE 20.
The conservation of the cadastre
The conservation of the cadastre must satisfy the purpose of currently reflecting the correct location, delimitation and superficial extension and the actual possession of the properties.
It should also establish a permanent connection between the cadastre and the records of the property. ARTICLE 21.
As an area is made available for the operation of the cadastre, as provided for in article 35 of the present Act, registry scribes, judicial actuaries and other officials authorizing translative or declarative acts of dominion shall be required to request the National Catastro Directorate, the corresponding catastral certificate on which the act will be awarded. ARTICLE 22.
In parallel with the provisions of the previous article, the Register of Property, as the development of the cadastre permits, will structure a real index, referring to the records of the National Directorate of the Catastro and will be carried simultaneously with the alphabetical index referred to in Law 1.893. ARTICLE 23.
In cases of subdivision or fragmentation of land, the owners, with the signature of the duly authorized professional, will present the respective plans to the National Directorate of the Catastro, which will assign the corresponding nomenclature, as a prerequisite to any act of transfer or disposal.
PART VI ARTICLE 24.
The purchasing prescription of properties
The following rules shall be observed in the judgment of acquiring the domain of properties for the continued possession of the same (art. 4015 and concordants of the Civil Code):
(a) The trial shall be of a contentious nature and shall be understood with the owner of the domain according to the records of the Catastro, Register of the property or any other official record of the place of the property, whose certification of the property must be accompanied by the demand. If it is not possible to establish precisely who appears to be the holder while promoting the demand, it will proceed in the manner that the Codes of Procedures indicate for the summoning of unknown persons;
(b) The application shall be accompanied by a plain of messure, signed by professional authorized and approved by the respective technical office, if any in the jurisdiction;
(c) Any evidence shall be admitted, but the judgement may not be based solely on the testimony. The payment, by the owner, of taxes or fees that grave the property shall be particularly considered, although the receipts do not appear on behalf of the person who invokes the possession;
(d) In the event of a committed fiscal interest, the trial shall be construed with the legal representative of the Nation, the Province or the Municipality to whom the complaint affects.
The above provisions will not govern when the acquisition of the thirty-year possession domain is not brought to trial as an action, but as a defence.
They will also be subsidiaries of the special regime to which they may be subject by local laws, acquisition by possession of property of the private domain of the Nation, provinces or municipalities. ARTICLE 25.
The preceding article shall be incorporated into the Civil Code and shall immediately apply to all judgements for the acquisition of property by statute, in which judgements have not yet been handed down with the authority of the judge.
PART VII ARTICLE 26.
The works inherent in the partial or integral realization of the geometric plotter catastro may be executed by administration or contract, with state agencies or specialized private companies.
The National Catastro Directorate shall, in all cases, establish the technical conditions of its execution and shall be responsible for the corresponding Controller. ARTICLE 27.
The national, provincial and municipal authorities and agencies are obliged to answer the technical information surveys that the National Catastro Directorate deems of interest to carry out for the best compliance of this law.
The same obligation shall exist for private companies and companies that execute or have carried out specialty-related work. ARTICLE 28.
Owners must display to the National Catastro Directorate the titles of ownership required for compliance with this law.
In default, they will be required to present an extract of such titles authorized by registry scribe or to indicate the public or banking entity where the title is located.
The data and reports that the National Catastro Directorate obtains by the application of this article will be absolutely reserved and cannot be invoked in third-party trials. ARTICLE 29. -
The Ministry of Public Works (National Catastro Directorate), is authorized to acquire the instruments, machinery, equipment and accessories, which are necessary to comply with this law. ARTICLE 30.
All instruments, vehicles and materials required for the implementation of this law, which should not be built abroad, be freed from customs duties and any other tax burden. ARTICLE 31.
The executive branch or the respective municipality may arrange for the disposal in public auction of vacant goods that are not affected to the school treasure and surpluses referred to in article 16 of this law - a presumption that is not exercised on them, the right of preference established by article 18- whose production shall enter a specific fund, within each jurisdiction, which shall cover the expenses that the performance of the cadastre determines.
It will also enter into the fund the proceeds of the collection that the National Directorate of Catastro carries out, in terms of tariff fees for the provision of services that are required, sale of plans, publications, etc.
What is left to do is without prejudice to the provisions that the Ministry of Public Works assigns for the purposes of this law in the public work plan or in the budget and within the total amount allocated to that State secretariat annually. ARTICLE 32.
Rural property owners have an obligation to admit the location of mojones, marks or geodetic astronomical or topographical marks that materialize a catastral point.
The respective marking will be permanently defended by an uncultivated area of up to two meters of radio, according to the importance and location of the point. ARTICLE 33.
Anyone who, as a proprietor, of a mere possessor or any other, in fact resists the execution of the studies or technical operations set forth in this law, shall incur a fine of one thousand to ten thousand pesos national currency ($ 1 000 to 10,000 m/n.) to the judge's arbit, who shall proceed to its application, with a brief report of the fact. The fine will be executed by apprehension. ARTICLE 34.
Marks or signs that need to be established on a permanent or transient basis shall be regarded as national public work and any person who deteriores, inutilizes or causes the markings to disappear shall be punished in accordance with articles 183 and 184 of the Criminal Code.
The national and local authorities are obliged to cooperate in the custody and preservation of the said markings. ARTICLE 35.
The national executive branch shall determine, in the course of the realization of the geometric plotting cadastre, the territorial areas that have been destroyed, for the purpose of the gradual application of this law. ARTICLE 36.
All cartographic publications published by the National Catastro Directorate shall be the property of the Nation, in order to what is established in the respective intellectual property legislation. ARTICLE 37.
The provinces may accede to the national cadastre regime, if they are resolved by their competent authorities. ARTICLE 38.
The national executive branch shall regulate this law within sixty (60) days of its promulgation. ART.ICULO 39.
Default all provisions of other laws that oppose the present. ARTICLE 40.
Contact the Executive.
|A. TEISAIRE |
Alberto H. Reales
|H. J. CAMPORA |
L. Zavalla Carbó
- Registered under No. 14.159 -