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Repealed - Through A Special Process Which Is Set For The Sanitation Of The Degree Of Real Property

Original Language Title: DEROGADO - Por medio de la cual se establece un proceso especial para el saneamiento de la titulación de la propiedad inmueble

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1182 OF 2008

(January 8)

Official Journal No. 46.865 of 8 January 2008

CONGRESS OF THE REPUBLIC

27 of Law 1561 of 2012. Rules from January 11, 2013 >

By means of which a special process is established for the consolidation of the title of the property.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. OBJECT. 27 of Law 1561 of 2012. As from 11 January 2013 >, securities may be healed by means of the special process established in this law, the titles bearing the so-called false tradition, of those holders of real estate whose extension in the urban sector does not is more than half a hectare and in the rural sector is not more than ten (10) hectares, provided that its precarious tradition is not a product of violence, usurpation, forced displacement, deception or headlong and is not destined for crops illicit or has been acquired as a result of such activities.

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ARTICLE 2o. COMPETENT AUTHORITY. 27 of Law 1561 of 2012. As of 11 January 2013, the Civil and Promiscuous Municipal Judges are responsible for bringing forward the special process that is regulated in this law, to which the oral procedure will be applied in the relevant and the principle of The processing process will last.

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ARTICLE 3o. REQUIREMENTS. 27 of Law 1561 of 2012. Governing from January 11, 2013 > For the application of this special process the following is required:

(a) That the property submitted to this process has registered titles or titles for a period of five (5) years or more and whose registration corresponds to the so-called false tradition;

(b) that the property is materially, publicly, peacefully and continuously, during the term established by the Code of Civil Procedure for the ordinary prescription, five (5) years;

(c) The corresponding number of registration fees do not include any applicable taxes and/or precautionary measures;

(d) that the immovable property of the process as provided for in the rules and principles of the agricultural legislation, is not subject to the regime of the parcel property established in Law 1152 of 2007, which will be certified by the Incoder;

e) That in respect of the building in question no prior to the application of the agricultural administrative procedures of titration of baldiums, extinction of the right of dominion, clarification of the property, has been initiated recovery of unduly occupied baldiums, dislinings of land of the Nation, or of indigenous or Afro-descendant communities or delimitation of communal sheets or shreds according to the agrarian legislation, which will be certified by the Incoder;

f) That in the case of goods of an agricultural nature must be destined for economic exploitation.

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ARTICLE 4. TITLE OF ACTION. 27 of Law 1561 of 2012. Governed from January 11, 2013 > Who has registered titles or titles that are framed in the so-called false tradition, within the meaning of article 7or of Decree-Law 1250 of 1970, may, by means of a lawyer registered, to file a written application with the Civil Judge or Municipal Promiscuo, corresponding to the location of the building, so that, after inspection of the building, it will heal its title by providence duly motivated, which in firm, will be registered in the corresponding real estate registration portfolio, as a way to acquire.

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ARTICLE 5o. DEMAND REQUIREMENTS. 27 of Law 1561 of 2012. As of January 11, 2013 > Any demand for the application of the special process provided for in this law must comply in general with the requirements set out in Article 75 of the Code of Civil Procedure, and, specifically, the following:

(a) The designation of the Judge to whom he is addressed;

(b) The applicant's identification, nationality, domicile and residence;

c) The name and identification of the plaintiff's proxy;

d) What is intended;

e) The location of the building, description with place and lines, nomenclature if it is urban, and, if rural, the name with which it is known in the region and its current binders;

f) The place and address where the main real rights holders can be notified, where they can be cited, and where they will receive personal notifications from the complainant and his/her manager.

If the place or address where the holders of the principal actual rights may be notified is ignored or the colindants are quoted, it shall be stated under oath, which shall be understood as being provided by the filing of the respective document;

g) The exposure of facts that serve as grounds for pretensions;

h) The basics of entitlement;

(i) The application of the probative means to be applied by the applicant, in particular the inspection of the building.

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ARTICLE 6o. ANNEXES. 27 of Law 1561 of 2012. As of 11 January 2013, the application must be accompanied by the certification of the competent authority dealing with the literals (d) and (e) of Article 3or of this law. The certificate of tradition of the building, the registered title, the cadastral certificate of the premises and the duly granted power must also be annexed. The competent authority to issue the above certifications shall have a term of 15 (15) working days to do so, subject to a serious misconduct.

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ARTICLE 7o. CONDITIONS OF PROCEDURE. 27 of Law 1561 of 2012. As of January 11, 2013 > For the application of the special process of consolidation of the titration, the property is required to meet the following conditions, which must be declared under the gravity of the oath in the Demand presentation:

(i) That the real estate is not imprinted or in public use, unembargable, or non-encased, or those indicated in articles 63, 72, 102 , and 332 of the Political Constitution, and in general, in the case of goods whose appropriation, possession or occupation, as the case may be, prohibited or restricted by the Constitution or the law;

(ii) that the property is not located in the declared areas of imminent risk of displacement or forced displacement, in the terms of Act 387 of 1997 and its regulations and other rules that the add or modify or in similar urban areas;

(iii) Not to be part of housing developments or developments that do not have legal requirements;

(iv) That the building object of the process is not located in the areas or areas listed below:

-- Areas declared as high risk non-mitigable identified in the Territorial Ordinance Plan and instruments that develop and supplement it, or those that are defined by geotechnical studies that at any time adopt officially the Municipal Administration, District Administration or the Archipelago Department of San Andrés, Providencia and Santa Catalina.

-- The quarry areas that have suffered severe physical deterioration, up to so far in a special management of geomorphological recomposition of their soil that enable them for urban development.

-- Constructions that are wholly or partially in affected land under the terms of Article 37 of the 9th Act of 1989.

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ARTICLE 8o. ADMISSION OF THE CLAIM AND NOTIFICATIONS. 27 of Law 1561 of 2012. As of January 11, 2013, the Judge will qualify her and determine by order her admission or rejection.

The admission or rejection of the claim shall be subject to the provisions of the Code of Civil Procedure.

In the order's self-order, the judge will order his or her registration in the real estate registration portfolio, the personal notification of the same to the owner or holders of real rights that appear on the certificate of freedom and tradition, and the the location and summons of all the members of the building or buildings subject to the consolidation of securities. If the personal notification cannot be made, the other forms of notification provided by the Code of Civil Procedure will be used to continue the respective procedure.

If the colindants do not attend the summons, they will be deemed to have no interest in the matter.

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ARTICLE 9o. INSPECTION DILIGENCE. 27 of Law 1561 of 2012. As of 11 January 2013 > Fulfilled the preceding procedure and within ten (10) days the corresponding Judge will fix the day and time when the inspection diligence will be practiced, whose expense and fees will assume the Plaintiff.

If the day and time fixed for the diligence the claimant is not presented or does not supply the means necessary to practice it, it cannot be carried out. The claimant, within three (3) working days of following, shall express the reasons for his or her inattendance or non-compliance. The Judge shall assess them and determine whether a new date and time is fixed or the action is closed. If there is no justification, the Judge shall penalize the plaintiff with a fine equivalent to the payment of a monthly statutory minimum wage in favor of the National Treasury and the file shall be filed without prejudice to the possibility of filing new demand.

PARAGRAFO 1o. If, for any circumstance, the judge who practices the diligence cannot identify the building by its borders and place, it will suspend the diligence and order the practice of the tests it considers necessary to achieve full identification.

PARAGRAFO 2o. If the inspection results in inconsistencies in the place and lines of the building, as it is part of the building, due to changes in the riverbeds, the construction of roads, or any other Other circumstances beyond the will of the claimant shall be made in order to identify the property in full and to fix the inconsistencies that have been presented. Once individualized, your changes in the respective real estate registration portfolio will be updated if you have it, otherwise a new portfolio will be assigned.

PARAGRAFO 3o. The physical identification of the buildings will be supported on georereferenced planes, with geographic coordinates referring to the national geodetic network. For rural buildings if it is not possible, it shall be made by means of a presentation of a plan setting out the description, place and line, drawn up by the cadastral authority or by a surveyor, surveyor or engineer with professional registration. in effect.

PARAGRAFO 4o. If in the Judicial Inspection diligence the Judge finds the allocation of the building to illicit activities, it will order the file from the file.

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ARTICLE 10. OPOSITION. 27 of Law 1561 of 2012. As from 11 January 2013 > As opposed to the claims of the claimant, the objections relating to property, possession, violation of legal rules, forced displacement or any form of property shall be taken into account. violence or deception or headlong, which may be considered orally in the inspection diligence referred to in Article 9o of this law. If the opposition is formulated, the Judge shall hear the parties and shall encourage conciliation. Successful, the process will continue.

In any case, the special hearing shall be held within five (5) days of the date of filing of the opposition or receipt of the file. If the parties do not reconcile their differences, the process will be archived.

PARAGRAFO 1o. In this diligence, all objections against the consolidation of titles, especially those relating to forced displacement or any other form of violence or violence, will be raised. deception, or headlong. Having demonstrated one of these objections, the judge will refrain from ordering the consolidation of titles and will determine the file of the file.

PARAGRAFO 2o. If, for any duly justified circumstances, who objects to the pretenses cannot be submitted to the inspection diligence, the Judge within five (5) days following this, shall convene the special hearing to assess evidence, and call to reconcile.

PARAGRAFO 3o. The opponent will be entitled to participate in the reconciliation hearing whenever he exercises any real right on the object of the process, which must be duly accredited, the reconciliation may only be able to deal with the exercise of the right.

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ARTICLE 11. INSPECTION AND DECISION ACT. 27 of Law 1561 of 2012. As from 11 January 2013 > If in the course of the inspection of the building is determined its full identification and no opposition, it will be recorded in the minutes, based on which the Judge will immediately provide consolidation of the title or title of ownership, which shall be reported in strates.

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ARTICLE 12. RESOURCES. 27 of Law 1561 of 2012. As of January 11, 2013 > Against the providence that orders the sanitation of the property, the appeal will proceed before the Civil Judge of the Circuit of the Judicial District with competence in the place of location of the building.

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ARTICLE 13. FULL NULLITY. 27 of Law 1561 of 2012. As of January 11, 2013 > According to the relevant provisions of the Code of Civil Procedure, the person displaced by the violence who could not object to the sanitation of the property, will be able to request in any time the nullity The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that If it is demonstrated, the invalidity of the said providence shall be declared by order of appeal before the judge of the relevant circuit.

This resource may also be proposed when the statement has healed some good on which, according to this same law, the process could not be brought forward.

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ARTICLE 14. FEES. 27 of Law 1561 of 2012. As from January 11, 2013 > The plaintiff's attorney's fees will be set by car by the Judge and will be equal to three (3%) percent of the property's cadastral value, sum that in no case may be less than one (1) Current monthly legal minimum wage. The fees of the expert, if any, shall be fixed in the same manner taking into account the quality of the expert and the cadastral value, with a maximum of 1% of this value and a minimum of 50% of a minimum monthly legal salary. in effect.

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ARTICLE 15. REGISTRATION RIGHTS. 27 of Law 1561 of 2012. As from January 11, 2013 > Prior cancellation of the registration rights that will be settled as an act without amount, the providence once in firm, makes transit to res judicata material, produces erga omnes effects and will be recorded in the of a corresponding real estate registry to fulfil all the effects of acquiring, advertising, means of proof and legal certainty.

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ARTICLE 16. RETROSPECTIVE APPLICATION OF THE LAW. 27 of Law 1561 of 2012. As from January 11, 2013 > The interested or interested persons who have complied with the requirements set out in this law before their entry into force, will be able to avail themselves of the procedure provided for in this law, without prejudice to who is respondent, may object to the claim.

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ARTICLE 17. VALIDITY. 27 of Law 1561 of 2012. As of January 11, 2013 > This law begins to take effect six months after its enactment and repeals all provisions that are contrary to it.

Carefully,

The President of the honorable Senate of the Republic,

NANCY PATRICIA GUTIERREZ CASTANEDA.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

OSCAR GROVE PALACIO.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada in Bogotá, D. C., on January 8, 2008.

ALVARO URIBE VELEZ

The Minister of the Interior and Justice,

CARLOS HOLGUIN SARDI.

The Minister of Agriculture and Territorial Development,

ANDRES FELIPE ARIAS LEIVA.

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