Temporary Special Law For The Delimitation Of Property Rights In Real Estate In State Of Proindivision

Original Language Title: LEY ESPECIAL TRANSITORIA PARA LA DELIMITACIÓN DE DERECHOS DE PROPIEDAD EN INMUEBLES EN ESTADO DE PROINDIVISIÓN

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-especial-transitoria-para-la-delimitacion-de-derechos-de-propiedad-en-inmuebles-en-estado-de-proindivision/archivo_documento_legislativo



1 Decree N ° 413 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that there is a considerable number of natural and legal persons who are holders of rights of property in a State of proindivision, who despite not wanting to continue with that State, does not have the effective conditions to initiate judicial or extrajudicial proceedings for partition to physically demarcate their rights in El Salvador already because of multiple fractionation of ownership by means of the proindivision, it is not possible to establish with certainty the ownership of all the partners of the same, as well as the actual percentages of their rights, or for being an exaggerated number of partners or concerned community members, whereas excessively costly to locate all them.
II.-Since its creation in 1881, until 1986, the root property registration and mortgage applied the system registry Folio staff through books, in which entries were made in attention to the person and not the building, generating the date complexity fractional proindivisos rights and in many cases, the inability to make the move to the current system of royal folio automated; or having been transferred to the system, the study of proindiviso law highlighted a large number of co-owners, which makes impossible or in the best cases, considerably expensive, make a partition process, inhibiting than the legitimate holder of a property right may indeed dispose of it.
III. carrying out many of the co-owners of a property proindiviso law, possession still, peaceful and uninterrupted over certain portions of land, within the real property general in a State of proindivision, being this notorious and recognised by its adjoining possession. However the above, these co-owners have failed to register those portions as certain body not excluded from the proindivision, making this in practice access to credit and real estate traffic.
IV.-that in accordance with the provisions of the articles one and two of the Constitution, the State is obliged to ensure legal certainty in the protection of property and possession of the property, so you must provide the legal tools to achieve the legal certainty in real estate, free use and the promotion of access to trade , real estate and business traffic.
V-which by reason of the foregoing, it is necessary to create a special, fast and simple procedure enabling the holder of property rights over a property in a State of proindivision whose co-owners are extremely numerous or 2 indeterminable, evade the indivision, certainly define and declare the exclusiveness of the domain on your plot.
Therefore, in use of his constitutional powers and at the initiative of the Member and the members of Lucía de el Carmen Ayala de León, José Edgar Escolán Batarse, Miguel Elías Ahues Karrá (for the period 2009-2012 legislative) and with the support of the members and the deputies Guillermo Antonio Gallegos Navarrete, Reynaldo Antonio López Cardoza, Guillermo Francisco Mata Bennett, Jose Francisco Merino López , Jose Serafin Orantes Rodriguez, Lorena Guadalupe Pena Mendoza, Jackeline Noemi Rivera Avalos, Mario Alberto Guerrero Tenorio, Hilda Jessenia Alfaro Molina, Ana Marina Alvarenga Barahona, Ana Lucia Martinez Baires, Alberto Roger Blandino Nerio, Yohalmo Edmundo Cabrera Chacón, Norma Cristina Cornejo Amaya, rose Alma Cruz sailor, Raul Omar Cuellar, Pablo César De León Herrera, Mary Elizabeth Gomez Pearl, Norma Fidelia Ramirios Guevara , Big Jesus, wake Yanet Hernandez Rodriguez, Juan Pablo Herrera Rivas, Cristina Esmeralda López, Audelia Guadalupe López de Kleutgens, Hortensia Margarita Lopez Quintana, Samuel de Jesus Lopez Hernandez, martyr Arnoldo Marin Villanueva, Rodolfo Antonio Martinez, Rolando Mata sources, Misael Mejia Mejia, Jose Santos Melara Yanes, Jose Alfredo voyeur Ruiz, Carlos Alberto Palma Zaldaña, Mario Antonio Ponce Lopez, Zoila Beatriz jaw Solis, Nelson de Jesus Quintanilla Gomez , Sonia Margarita Rodriguez Sigüenza, Numan Pompilio Salgado Garcia, Jaime Orlando Sandoval, Manuel Rigoberto Soto loop, Jaime Gilberto Valdés Hernández, Antonio Guadalupe Vasquez Martinez, Francisco Jose Zablah Safie.
DECREES the following: temporary special law for the delimitation of property rights in real estate in the State of Proindivision chapter I provisions preliminaries object of the law article 1.-the present law aims the establishment of a special legal regime that allows the person or persons proindivisos on real estate which is not possible or difficult conducting rightsholders partition judicial or extrajudicial; establish, delimit and enrolling certain body, the portions of property which they are entitled.
Scope of application article 2.-this law will apply to all those rights on properties that are in a State of proindivision, in which it is not possible, according to the record of the root property and mortgages, determine all of the proindivisarios, or property that generated registration tuition, there are more than ten joint proprietors and is justified by means of an affidavit by the applicant 3 people , the inability to locate them all for purpose of carrying out the respective partition of the property.
Those who proindivisos rights inscribed in the registry of property root and mortgage holders or that they at least have entered history, do not wish to continue in that State of proindivision and to exercise possession over a portion bounded within the general property may request the procedure laid down in the present law only.
The beneficiaries of agrarian reform are excluded from the special regime established in this law.
Possession of the portion to delimit article 3.-the possession must have been exerted on the closed portion, who requested the delimitation and without that it has exercised possession on behalf of another proindivisario together with the seekers, in a way still peaceful, uninterrupted, for one period not less than ten years. Which should be test the respective property titles and through, at least, two skilled witnesses that are proindivisarios partners, or owners owners of real estate in the area.
Anyone with less than ten years have restricted portion, must prove that its possession, together with the its predecessor or predecessors sum ten years or more, and can attach one or several possessions consecutive to yours, when you fully identify their ancestors and the start and end of their possessions inspected with their respective titles of property or respective literal certifications issued the root property registration and mortgages.
Chapter II procedure of delimitation application article 4.-the person concerned, by itself or through its general or special proxy with special clause, or his legal representative, will appear before a notary public, stating under oath, which is within the assumptions laid down in the foregoing articles, of which the notary will lift a record containing the following information: a) name of the person concerned their identification information and number of unique identity document, if case of a foreigner shall be identified in accordance with the law; and if it were legal person: name, nationality, nature and place of residence; and previous identification data of the legal representative or proxy as appropriate; and in any case the tax identification number; and will relate the legal personality with that Act the representatives or proxy of the interested party;
(b) the identification of the real property general in a State of proindivision in which the shoulder is. Such identification shall include its location, nature, original area and area of rest if any, your registration history and the name of the current 4 joint that it seised, as well as the percentage of your right to proindiviso, if determinable, and the number of enrollment or registration of your title of property or of the corresponding registration history;
(c) the identification of the portion bounded object of interest, with the expression of its location, nature, and description area, and must express adjoining existing names, as well as the exact address in where you can be notified, and the direction of the general property which will be the delimitation;
(d) the liens or easements that affect a limited portion, if any;
(e) request that you declare you separated from the proindivision, will anchor its real subject the procedure established in this Act; and to be recognised as the exclusive holder of the same;
(f) the list of documents that are attached and the provision of witnesses, expressing your name, general data, number of unique identity document and your tax ID number, who should be proindivisos co-owners of the general property, or owners owners of properties near the portion to delineate; linking the respective registration in the registry of property root and mortgages: and that they can attest that the seekers have exercised their possession without other proindivisario and in a way still, peaceful and uninterrupted;

(g) the signaling of place or way to receive notifications; and, h) signature of the petitioner or signature to pray in accordance with provisions of the law on notaries.
In later proceedings will continue always notarized.
Documentation attached article 5.-to request related in the preceding article, the party concerned need to add: to) your title of property duly registered in the registry of property root and mortgages, in original and copy.
If the applicant has title to property, and however, this not it finds registered nor submitted to the registry, you should always add that instrument in original and copy. If several are titles that serve as precedent and is found not registered, you must submit them all in original and copy to establish its future tract. And in any case you need to add the respective registered antecedent which derive their right, also in original and copy. Don't have the original registered antecedent, you can add a literal the same certificate issued by the registry.
The notary will confront the originals with copies, which will certify and will add to the record that will form from the application, together with the literal certification, 5 and return the original instruments to the person concerned.
Still not enrolled but case of a title with seat's presentation pending registration, the person concerned can attach the literal certification of the document that this should extend you the registry, in addition to the respective registered antecedent, which will add the notary in accordance to the previous paragraph.
In any case, the interested party must be disclosed in the minutes of application, the reasons for which its title is not registered;
(b) the cadastral location of bounded portion of which is in possession; and, c) extracted the antecedent registry certification stating the total percentage of proindivisos rights and their owners; or, in your case, the inability to accurately determine the percentages and holders of such rights.
Examination of witnesses article 6.-in the same Act of acceptance of the request, the notary designated place, date and time for the deposition of witnesses offered.
The witnesses must be at least two, suitable, capable and are co-owners of the same proindiviso right or proprietary owners of real estate next to the bounded portion, which will demonstrate the notary featuring their respective titles registered in the respective register, or the respective literal certification of registration. Who separately must demonstrate their knowledge and give faith of the possession of the person or persons concerned, and in your case, also from his predecessors, still, peaceful, uninterrupted and without that are possessed on behalf of other proindivisario, for more than ten years on the property bounded.
The notary will review documents, identified in legal form the witnesses and will make the respective interrogation, consigning their bowel movements in a way separate, relate it entered history and return the documents to witnesses at the conclusion of the proceedings.
Edicts article 7.-admited by the notary application, this will make it known to the public per edicts to be published one time in the Gazette and once in a newspaper circulating daily and national, to bring those who are considered to be affected before pronunciation the final resolution, to interpose founded opposition, presenting the documentation that legitimises its claim.
The edict will understand extracted form the particulars indicated in literals to), b), c), d) and e) article four of this law and the name of the notary and exact address of his office, pointing out an electronic means of communication.

6. appointment of an expert and citation of Colindantes Art. 8.-El Notario will appoint expert a civil engineer, legally registered in the register of professionals that establishes the law of urban planning and construction, to whom sworn by in legal form, and may require the services of the geographical Institute and the national land registry to perform diligently it; and designated place, day and hour for identification, recognition of boundaries and topographical survey of the property to delimit, appointment by notice existing adjoining, at least eight days prior to the diligence, so attend if they wished, under penalty of nullity if it omits citation, although it was one of the adjoining. In the event of a succession just quote a single heir.
If justified for quote personally to the adjoining impossibility, the notary expressed clearly on the record the reasons by which it was impossible to make such appointments, justifying and justifying such acts, in which case simply fix a sign containing a summary of the contents of the application, in the immovable object of the proceedings and in adjacent buildings and leave an edict with a person who can give it to the next who will sign of received.
Identification and measurement of property article 9.-the day and time indicated and fulfilled the appointment to the adjoining, the notary in the company of the arbitrator appointed and of the person concerned, prior to the diligence of surveying, will identify the property that is to delimit.
Then identified the immovable object of the Act, the expert, with the participation of the adjoining staff, will proceed to make the recognition of boundaries and topographical survey, noting the relevant provisions of the law of topographical engineers, with the exception of appointment of the Secretary.
If submission of disagreement between the adjacent to the time of the measurement, expert, will primarily seek to reach equitable arrangements; But if this is not possible, shall keep the terms of the disagreement with the adjacent form more concise and clear in his report, in such a situation the notary will proceed in accordance to provisions of the following article.
Completed the delimitation of the property, the expert will yield a report which will contain the estimated commercial value of bounded portion in addition to the measurement, the notary may make observations and return it to him, he amended it or expand.
The resulting plane of the measurement will be submitted in accordance with the respective law, to the technical process of review and verification in field by the cadastral office, with approval, the notary will issue a final decision.
In those cases in which the measurement has been done by a technician of the geographical Institute and the national land registry, not necessary the review and verification in field by the cadastral Office.

7 the Colindantes disagreement and opposition of third parties article 10.-where a co-owner, or one or more of the adjoining have expressed their disagreement to the measurement, the notary will treat it as an opposition, in accordance with the following article.
Before dictated the final resolution, any person deemed to best qualify on the closed portion, may present notarised transacting them to express your opposition to them, this will support it and will follow the procedure laid down in the following article.
Process of AC, solution of conflicts article 11.-admited the opposition, the notary shall suspend the proceedings and shall where appropriate, be added to the same documentation that has been submitted by the opponent, and it shall notify the applicant and the opponent, so that at the end of eight days, if they wished, they manifest their conformity to submission to the procedure laid down in the Act of mediation , Conciliation and arbitration, and indicate the Centre of mediation which wish to refer the matter; and can use the centres of mediation of the Attorney General of the Republic, and in any case, the notary shall forward a certified copy of the proceedings to selected Center, later within eight days from the agreement.
After the mediation, the Center at the end of eight days, shall forward to the notary, the solution of the dispute or the lack of Agreement Act.
If any come to a solution, the notary will continue proceedings taking into account the agreement reached.
There is no agreement in the process of mediation, or completed the term referred to that first of this article unless the applicant and the opponent manifest their conformity of subjection to the Act of mediation, conciliation and arbitration process, or not agreeing any of them to submit to such process, the notary within the period of eight days with notification to the applicant and the opponent, shall forward the proceedings to the competent judge of the place where the property is located.
Procedure Justice of the opposition article 12.-in the case of the final paragraph of the article earlier and received you the proceedings, the judge will send to hear the opponent so that at the end of eight days following the notification, present his opposition with the formalities of the demand that establishing a Civil and commercial procedural code.
After the eight days that referred to in the preceding paragraph and the opponent has not submitted the respective demand, the judge, following a report by the Secretariat, shall declare expired the pretension of the opponent.

Declared the expiration or not has place the opposition, the judge will continue to knowing of the proceedings in accordance with this Act, until its final resolution, which certify that serve you the applicant of domain on the demarcated portion of property title and can be registered in the appending the original certificate of approval of the plan issued by the cadastral maintenance Office.

8 resolution end article 13.-received the report rendered by the expert and the resolution of approval of plans by the corresponding cadastral maintenance and Office within ten working days after the last publication to which refers article seven of this law, while some opposition was lodged shall decide final resolution in which you will have terminated the proindivision with respect to the entitlement of the applicant declaring this exclusive ownership of the portion subject to proceedings; and establishing the delimitation, direction, surface extension and stating the estimated market value of the narrow building, in accordance with the topographical report, which must be fully transcribed.
Its Protocol resolution, the notary will extend testimony, which will serve as a title of the domain to the person concerned and will append the record of approval of the plan issued by the Office of cadastral maintenance in original, leaving certified copy thereof in the record of the proceedings, and must attach the original proceedings to the annexes of the Protocol file.
The inscription of the testimony in the registry will cause registry rights in accordance to the established valued the property delimited as if it were from a title of domain, in accordance with the tariff established in the Act on rates and other provisions administrative of the registration of property root and mortgages.
Protection to the right of the rest of co-owners Art. 14.-in any case, despite having completed proceedings refers to this law, the proindivisario co-owner who has not exercised the opposition refers to article 10, and that considers violated their property rights final due to a shoulder of property that exceeds what corresponds proportionally according to the percentage of right of the person concerned in the proceedings , and therefore affected their right to property; You can exercise the action of corresponding domain before the competent judge in the place where the narrow building, is located showing such a situation to restore you that apply in accordance to its proindiviso property right.
Prescription extraordinary purchasing of domain of the portion bounded article 15.-in any case, and by the special nature of this law, the holder of a bounded right entered the respective instrument of delimitation of their property in accordance with this law, may raise the action of extraordinary purchasing prescription of the demarcated portion domain any legitimate proindivisario co-holder of the property of which segregated their limited portion whether concurring budgets needed for such action in accordance with the Civil Code.
The date established in the proceedings of delimitation as the beginning of the possession of the restricted portion, be taken into account for the calculation of the term of possession required to bring the action of extraordinary prescription of domain.

9 Chapter III procedure registration process of registration of instruments with a history of Folio Personal article 16.-If the antecedent registry of the testimony of the formal recording of proceedings for shoulder which is submitted to the registry, is located in the system of personal folio, to the register of the instrument, the Registrar will marginalize the shoulder of the portion and its corresponding registration in the registration or inscriptions which served as a precursor of the proindiviso law and the marginalization will also indicate the exclusion of the interested in the proindivision.
Registration process of instruments with a history of Folio Real Art. 17.-If the registration history of the instrument of delimitation of property that is submitted to the registry find registered in the system of royal folio manual this will be migrated to folio real automated system.
In the automated system, shall register the testimony of the efforts of delimitation, generating a seat of registration in the registration origin, where stating the right of property of the bounded holder, it will miss out the registration corresponding to the general property to the respective owner, redistributing the percentage of proindiviso right corresponding to the co-owner who has been excluded from the proindivision pro rata among the other co-owners that they still left in proindivision.
In the event that the surface delimited plot area does not correspond to the percentage of proindiviso law which is already identified in the general property registration, the surface area that corresponds to the percentage of right proindiviso of the holder which is excluded from the proindivision, will be deducted from the general property registration of which shall be recorded in the inscription.
In any case, will generate a new registration to delimited plot, establishing the surface area and other data resulting from the delimitation instrument presented.
Tract referred to as article 18.-in the case referred to in article five, literal to) of this law, the person concerned will present testimony that the procedures of delimitation the notary extendiere you, or the respective judicial resolution, where appropriate, by adding the respective titles of domain protect their right and are not registered, which must pay the registration right that corresponds in order to ensure the subsequent tract of ownership.
The Registrar, to secure the future, tract register in a single seat the previous titles that may be presented or which is found pending registration and the instrument of delimitation of the property.

10 levies article 19.-in any case, if any charges or registered encumbrances affecting the general property on which lies the proindiviso law and affect the right of the proindivisario that has delimited its portion of the property, the Registrar shall be recorded in the car's registration charges or taxes on the portion of property bounded and these charges or encumbrances will be moved to the generated registration.
Case of mortgages registered in favour of institutions of credit, banks or any other commercial company, you must pay attention to the laws of these institutions to proceed to register the respective instrument of delimitation.
Chapter IV provisions late Art. 20.-will be void the proceedings which have been omitted or not fulfilled requirements and actions required by this law.
Article 21.-in cases in which the special regime of the act requested by communities with limited resources, the legalization of the property Institute and the Attorney General of the Republic, are empowered to act at the request and on behalf of the interested parties, to fill and benefits established by this law.
Article 22.-in all that is not regulated in this law applies supplementary provisions of law attorney, Civil, Civil Litigation and commercial law, and registry, provided that they do not oppose it.
Article 23.-this law is of special character and of public interest, its provisions shall prevail over any others that contradict it.
Article 24.-this law shall become effective from the day of its publication in the official journal and its effects will expire within five years from publication.
GIVEN in the blue room of the Legislative Palace: San Salvador, twenty-two days of the month of June of two thousand sixteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

11 GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, thirteen days of the month of July in the year two thousand and sixteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Gerson Martínez, Minister of public works, transport and housing and urban development.
D. O. N ° 132 volume N ° 412 date: 15 July from 2016 FN/pch 24/08/2016 legislative index