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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 413
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That in El Salvador there is a considerable number of natural and legal persons who are property rights holders in the state of proindivision, who despite not wishing to continue with this state, do not have the effective conditions for initiating judicial or extrajudicial proceedings against partition to physically delimit their rights, since due to the multiple fractionation of the right of ownership through the proindivision, it is not possible to establish with certainty the ownership of all the partners of the same, as well as the real percentages of their rights, or that because there is an exaggerated number of partners or community members affected, it is excessively burdensome to place all of them.
II.-Since its creation in 1881, until 1986, the Land Registry Root and Hypotecs applied the Personal Folio Registration System by means of books, in which the Registration was carried out in the attention of the person and not the real estate, generating to the date the fractional complexity of the prodivisos rights and in many cases, the impossibility to carry out the transfer to the current system of automated real folio; or The study of the prodiviviso law has shown a great number of co-operators, which makes it impossible or at best, considerably onerous, to carry out a process of partition, inhibiting the fact that the the legitimate holder of a right of ownership can effectively dispose of it.
III.-That many of the co-holders of a prodiviviso real estate, exercise quiet, peaceful and uninterrupted possession on certain portions of land, within the general building in state of proindivision, being this possession notorious and recognized by its bindants. However, these co-operators have not been able to register such portions as a certain body, nor to exclude them from the proindivision, thereby making it difficult to access credit and real estate traffic in practice.
IV. The State is obliged to guarantee legal security in the protection of the property and possession of the goods, so it must provide the legal tools for to achieve legal certainty in property ownership, its free provision and the promotion of access to trade, real estate and financial traffic.
V.-That, in view of the above, it is necessary to create a special, agile and simple procedure that allows the holder of property rights on a property in a state of proindivision whose co-headlines are extremely numerous or
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indeterminable, subtracting from the indivision, certainly delimiting and declaring the exclusivity of the domain over their plot.
BY TANTO,
in use of its Constitutional powers and at the initiative of the Diputada and the Deputies Lucia del Carmen Ayala de León, José Edgar Escolan Batse, Miguel Elias Ahues Karra (of the Legislative period 2009-2012) and with the support of the Diputados and the Deputies Guillermo Antonio Gallegos Navarrete, Reynaldo Antonio Lopez Cardoza, Guillermo Francisco Mata Bennett, Jose Francisco Merino Lopez, Jose Serafin Orantes Rodríguez, Lorena Guadalupe Peña Mendoza, Jackeline Noemi Rivera Avalos, Mario Alberto Tenorio Guerrero, Hilda Jessenia Alfaro Molina, Ana Marina Alvarenga Barahona, Ana Lucia Baires de Martínez, Roger Alberto Blandino Nerio, Yohalmo Edmundo Cabrera Chacon, Norma Cristina Cornejo Amaya, Rosa Alma Cruz Marinero, Raul Omar Cuellar, Pablo Cesar De Leon Herrera, Maria Elizabeth Gomez Perla, Norma Fidelia Guevara de Ramírios, Jesús Grande, Estela Yanet Hernández Rodriguez, Juan Pablo Herrera Rivas, Cristina Esmeralda Lopez, Audelia Guadalupe Lopez de Kleutgens, Hortensia Margarita Lopez Quintana, Samuel de Jesus Lopez Hernandez, Martir Arnoldo Marin Villanueva, Rodolfo Antonio Martinez, Rolando Mata Fuentes, Misael Mejia Mejia, Jose Santos Melara Yanes, Jose Alfredo Miron Ruiz, Carlos Alberto Palma Zaldana, Mario Antonio Ponce Lopez, Zoila Beatriz Quijada Solis, Nelson de Jesus Quintanilla Gomez, Sonia Margarita Rodriguez Siguenza, Numan Pompilio Salgado Garcia, Jaime Orlando Sandoval, Manuel Rigoberto Soto Lazo, Jaime Gilberto Valdes Hernández, Guadalupe Antonio Vásquez Martínez, Francisco José Zablah Safie.
DECCRETA, the following:
Special Transitional Law for the Delimitation of Property Rights in Infurniture in the State of Proindivision
CHAPTER I Preliminary PROVISIONS
Object of Law
Art. 1. The purpose of this Law is to establish a special legal system that allows the person or persons to hold prodivisos rights on immovable property in which the partition is not possible or difficult to perform. judicial or out-of-court; establish, narrow, and enroll a certain body, or the portion of the building that corresponds to them.
Application Scope
Art. 2. This Law shall apply to all property rights in properties that are in the state of proindivision, in which it is not possible, in accordance with the Root and Mortgage Property Registry, to determine the totality of the property rights. proindivisaries, or that, in the Generated Matriculation, there are more than ten co-headlines and is justified by an affidavit by the or the
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applicants, the impossibility of placing them all for the purpose of performing the respective
May request the procedure laid down in this Law only those persons who are holders of prodivisos rights registered in the Registry of the Root and Mortgage Property or at least have with a registered antecedent, do not wish to remain in that state of proindivision and exercise possession of a portion bounded within the general building.
The beneficiaries of the land reform are excluded from the special regime established in this Law.
Possession of the Portion to Delimitation
Art. 3.-The possession must have been exercised over the portion of the bounded portion, by whom it applies for the delimitation and without having exercised possession in the name of another proindivisary in conjunction with the applicant or the applicant, in a peaceful manner, for a period not less than 10 years. This should be demonstrated with the respective ownership titles and by means of at least two business witnesses who are pro-indivisary partners, or property owners in the area.
Who has less than ten years of ownership of the property. A portion must prove that his or her possession, together with that of his predecessor or predecessor, is ten years or more, being able to annex one or more consecutive possessions to his own, provided that he fully identifies his predecessors and the beginning and end of the their possessions are checked with their respective titles of ownership or the respective ones Literal certifications that issue the Root and Mortgage Property Registry.
CHAPTER II DELIMITATION procedure
Request
Art. 4.-The person concerned, by himself or by means of his special or general manager with special clause, or his legal representative, shall appear before Notary, declaring under oath, that he is within the assumptions established in the articles above, of which the Notary shall raise a record containing the following information:
a) The name of the data subject, his identification data and the number of the Single Identity Document, if it is a foreigner shall be identified as the law; and if it were a legal person: its name, nationality, nature and address; and the above data of identification of its legal representative or proxy as appropriate; and in any case the Tax Identification Number; and the legal status with which the representatives or proxies of the interested;
b) The identification of the general property in the state of proindivision within which the lotting is located. Such identification shall comprise its location, nature, original area and area of rest if it has, its record history and the name of the current
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co-holders, as well as the percentage of your prodiviso right, if any, and the registration number or inscriptions of his or her title of ownership or of the corresponding record;
c) The identification of the portion which has been subject to its interest, with the expression of its location, nature, area and description, must express the names of the current binders, as well as the exact address where they can be notified, and the direction of the general building by which the delimitation will be made;
d) The encumbrances or easements affecting the bounded portion, if any;
e) The request to be declared separate from the proindivision, its property is defined according to the procedure laid down in this Law; and that it is recognized as exclusive holder of the same;
f) The relationship of the documents that are annexed and the offer of witnesses, expressing their name, general data, unique Identity Document number and its Tax Identification Number, who must be pro-undivided co-holders of the same general property, or owners of immovable property close to the portion to be defined; relating the respective entries in the Root and Mortgage Property Registry: and that they may attest to the fact that the applicant or the applicant has exercised his or her possession without any other proindivisary and in a quiet, peaceful and uninterrupted manner;
g) The signposting of place or form to receive notifications; and,
h) Signature of the petitioner or signature to request in accordance with the provisions of the Notarized Law.
Diligence will always continue in the Notary Act.
Anexa Documentation
Art. 5.-To the application related in the previous article, the interested party must add:
a) His title of property duly registered in the Registry of the Root and Mortgage Property, in original and copy.
If the interested person holds title However, this property will not be registered and also not presented to the Registry, it will always have to add such instrument in original and copy. If several of the titles which serve as antecedents are not included, they shall be submitted in original and copy in order to establish their successive tract. And in any case you must add the respective registered antecedent from which you derive your right, also in original and copy. If you do not have the original registered antecedent, you can add a literal certification of the same issued by the Registry.
The Notary will confront the original documents with the copies, which will certify and add to the file that will form from the request, along with literal certification,
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and will return the original instruments to the interested party.
If this is a title of property not yet registered but with a filing seat in the Register, the person concerned may annex the literal certification of the document which for this purpose shall extend the Register, in addition to the respective antecedent registered, which add the Notary according to the previous paragraph.
In any case, the interested party must be mentioned in the application record, the reasons for which its title is not registered;
b) The cadastral location of the bounded portion of which it is in possession; and,
c) Extracted certification of the antecedent registrant on the record of the total percentage of prodivisos rights and their holders; or, where applicable, the impossibility of accurately determining the percentages and holders of such rights.
Witness Examination
Art. 6.-In the same act of admission of the application, the Notary shall indicate place, date and time to receive the deposition of the witnesses offered.
The witnesses shall be at least two, suitable, capable and co-owners of the same right. prodiviviso, or owners of real estate next to the portion of the stock, which will prove to be presenting to the Notary their respective titles of property registered in the respective Registry, or the respective literal certification of their registration. Those who are separately required to express their knowledge and to attest to the possession of the person or persons concerned and, where appropriate, also of their predecessors, in a quiet, peaceful, uninterrupted manner and without having possessed them on behalf of another
Notary will review the documents, identify the witnesses in legal form, and make the respective interrogation, indicating their positions in a separate manner, Records shall be entered and the documents shall be returned to the witnesses at the end of the diligence.
Eicts
Art. 7.-Admitted by the Notary to the application, the Notary will let the public know by edicts that they will be published once in the Official Journal and once in a daily and national circulation newspaper, so that those who are affected appear before the final decision, to an established opposition, presenting the documentation which legitimizes their claim.
The edict shall include in an extracted form the data referred to in (a), (b), (c), (d) Article 4 of this Law and the name of the Notary and the exact address of his office, pointing out a communication electronic.
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Appointment of Periphery and Citation of Colindants
Art. 8.-The Notary will appoint a civil engineer, legally registered in the Register of Professionals established by the Law of Urbanism and Construction, to whom he will be sworn in legal form, being able to require the services of the Geographic and the Cadastro Nacional to carry out the diligence; and it will point out place, day and time for identification, recognition of lines and topographic survey of the building to delimit, after appointment by the corner of the current ones, at least with eight days of anticipation of the due diligence, to attend if they want, so it is a penalty of nullity if omitiere the summons, even if it were only one of the adjoining ones. In the event of a succession it will suffice to quote a single heir.
If there is no justification for personally quoting the adjoining ones, the Notary will clearly state in the minutes the reasons why it was impossible to carry out such quotations, justifying and substantiating such facts, in which case it is sufficient to fix a cartel containing an extract of the content of the application, in the immovable property which is the subject of the proceedings and in the adjoining buildings and shall leave an edict with a person that can be delivered to the colindant who will sign the received.
Identification and Message Building
Art. 9.-On the day and hour marked and completed the appointment to the members, the Notary in the company of the appointed expert and of the person concerned, prior to the diligence of mensura, will identify the building that is about to delimit.
The purpose of the act, the expert, with the participation of the members who attend, will carry out the recognition of the lines and topographic survey, observing the relevant provisions of the Law of Engineers Topographs, Exception to the appointment of the secretary.
If there is disagreement between the adjacent to the If this is not possible, it will include the terms of the disagreement with the members in the most concise and clear form in their report, in such a situation that the Notary will proceed in accordance with the following article.
The delimitation of the property will be completed, the expert will yield a report which in addition to the measure will contain the estimated commercial value of the part of the bounded portion, the Notary you can make observations and return it to that, to modify or expand it.
The plane resulting from the mensura will be submitted according to the respective Law, to the technical process of review and verification in field by the cadastral office, with whose approval, the Notary will issue final resolution.
In those cases in which the mensura has been performed by a technician of the Geographic Institute and the National Catastro, will not be necessary the review and verification in field by the Catastral Office.
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Disavenence of Third-Party Colindants and Opposition
Art. 10.-If a co-owner, or one or more of the colindants has expressed their disagreement with the measure, the Notary shall treat it as an opposition, in accordance with the following article.
Until before the final decision is given, any person who considers to have a better right in the cated portion, may appear before the Notary who deals with them, to express their opposition to them, this person will admit and follow the procedure laid down in the following article.
Conflict Alternate Solution Process
Art. 11.-The opposition, the Notary shall suspend the proceedings and, where appropriate, shall have in addition the documentation submitted to it by the opposition, and shall notify the interested party and the opposition party, so that within eight days, if they want to, manifest their conformity to the procedure laid down in the Law of Mediation, Conciliation and Arbitration, and indicate the Mediation Center to which they wish to submit the matter; they may use the Centers of Mediation of the Attorney General of the Republic, and in any case, the Notary will transmit a certified copy of the The Centre shall be sent to the selected Centre at the latest within eight days of the agreement.
The mediation, the Centre within eight days, shall be forwarded to the Notary, the minutes of settlement of the dispute or the failure to agree.
If a solution has been reached, the Notary will continue with the proceedings taking into account the agreement reached.
In the absence of agreement in the mediation process, or the deadline referred to in the first paragraph of the present the article without the person concerned and the opposition manifest their conformity of submission to the process of the Law of Mediation, Conciliation and Arbitration, or not in agreement with any of them to submit to such process, the Notary within the period of eight days, with notification to the interested party and the opponent, shall transmit the proceedings to the competent Judge of the place where the property is located.
Opposition Judicial Procedure
Art. 12.-In the case of the final point of the previous article and received the proceedings, the Judge shall send the opposition to hear so that within eight working days of the notification, he shall present his opposition with the formalities of the application which establishes the Code of Civil and Commercial Processing.
Translate the eight days referred to in the previous paragraph and the opponent has not filed the respective claim, the Judge, after the secretariat's report, will declare the pretense of the
Declared the expiration or the opposition has not taken place, the Judge will continue to know the proceedings in accordance with this Law, until its final decision, which shall certify to serve the subject of title of title on the portion of the fenced property and may be entered in the corresponding Register annexed to the original approval of the plane extended by the Office of Cadastral Maintenance.
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Final Resolution
Art. 13.-Received the report rendered by the expert and the resolution of approval of the plans by the corresponding Office of Cadastral Maintenance and after ten working days after the last publication referred to in Article 7 of this Law, without any opposition, a final decision shall be taken in which the proindivision with respect to the right of the applicant shall be terminated, declaring the exclusive ownership of it on the object portion of the proceedings; and establishing the delimitation, direction, superficial extension and stating the estimated commercial value of the property, according to the topographical report, which must be fully transcribed.
Of its protocolized resolution, the Notary will extend testimony, which will serve as a Title of domain to the interested party and it will annex the record of approval of the plan extended by the Office of the Catastral Maintenance in original, leaving certified copy of it in the file of the proceedings, having to annex the proceedings original to the attachment of its protocol.
The inscription of the testimony in the Registration shall cause the registration rights in accordance with the established property of the fenced property as if it were a title of domain, in accordance with the tariff established in the Law on Tariffs and Other Administrative Provisions of the Root and Mortgage Property Registry.
Protection of the Law of the Rest of Co-owners
Art. 14.-In any event and in spite of the completion of the proceedings referred to in this Law, the pro-indivisary co-owner who has not exercised the opposition referred to in Article 10, and who considers that his right of ownership has been violated prodivisa by reason of a property agreement that exceeds that which is proportional in accordance with the percentage of the right of the person concerned in the proceedings, and therefore considers his right of ownership to be affected; he may exercise the corresponding domain action before the competent Judge of the place where the immovable property, demonstrating such a situation to the effect that it is restituted to it in accordance with its proprietary right of ownership.
Extraordinary Acquisition of Delimited Portion Domain
Art. 15.-In any event, and by the special nature of this Law, the holder of an established right which has registered the respective instrument for the delimitation of his property in accordance with this Law, may oppose the action of limitation Extraordinary acquisition of the domain of the delimited portion before any legitimate pro-indivisary co-owner of the building from which he or she seaws his or her portion, if the necessary budgets for such an action in accordance with the Civil Code are present.
The date set in the delimitation proceedings as the beginning of the possession of the portion of the order, will be taken into account for the calculation of the term of the possession required to interject the action of extraordinary prescription of domain.
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CHAPTER III REGISTRATION PROCEDURE
Instrument Enrollment Process With Personal Folio Background
Art. 16.-If the antecedent record of the testimony of the protocolization of the Diligences of the Addition That is presented to the Registry, is found in the system of personal folio, when the instrument is registered, the registrar will marginalize the portion and its corresponding Matriculation in the inscription or inscriptions that served as antecedent of the proindiviso right and such marginalization will further indicate the exclusion of the interested person from the proindivision.
Instruments with Real Folio Edents
Art. 17.-If the antecedent registrant of the instrument of building delimitation that is presented to the Registry will be registered in the system of real manual folio it will be migrated to the automated system of real folio.
automated, the testimony of the steps of delimitation will be entered, generating a seat of registration in the Matriculation origin, in which the right of ownership of the owner bounded, will be excluded from the Matricule corresponding to the building General co-owner concerned, redistributing the percentage of prodiviviso law the co-owner who has been excluded from the proindivision pro rata among the other co-owners who still remain in proindivision.
In the event that the surface area of the demarcated parcel does not correspond to the percentage of the prodiviviso right already identified in the Matriculation of the general property, the Matriculation of the general property shall be deducted from the surface area corresponding to the percentage of the prodiviviso right of the holder which is excluded from the proindivision, which will be recorded in the inscription.
In any case, a new Matriculation to the delimited plot, establishing the surface area and other data resulting from the presented delimitation instrument.
Successive Tract
Art. 18.-In the case referred to in Article 5, literal (a) of this Law, the person concerned shall provide the evidence that the delimitation proceedings extend to him, or the respective judicial decision, if any, by adding the respective domain titles that protect their rights and which are not registered, for which they will have to pay the right of registration, in order to guarantee the successive tract of the ownership.
The registrar, to guarantee The following titles shall be entered in a single seat in the following: be processed in the Register and the building's delimitation instrument.
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Gravel
Art. 19.-In any event, if there are any registered charges or encumbrances affecting the general property on which the prodiviviso right falls, and affect the right of the proindivisary who has delimited his portion of the building, the registrar shall state in the order of registration of the charges or encumbrances in the portion of the immovable property and those charges or charges shall be transferred to the generated Matriculation.
If the mortgages are registered in favor of credit institutions, banks or any other another commercial undertaking, the laws of those institutions must be addressed in order to register the respective delimitation instrument.
CHAPTER IV FINAL PROVISIONS
Art. 20.-The measures in which the requirements and actions required by this Law have been omitted or not fulfilled shall be null and void.
Art. 21.-In cases where the special regime of this Law is requested by communities of scarce resources, the Institute of Legalization of Property and the Attorney General's Office, are empowered to act upon request and on behalf of interested parties, in order to measure and obtain the benefits provided by this Law.
Art. 22.-In everything that is not regulated in this Law, the provisions of the Law of Notary, Civil, Processed Civil and Commercial, and Registral, as long as they do not be applied, will be applied.
Art. 23.-This Law is of special character and of public interest, its provisions will prevail over any other that the contrarien.
Art. 24. This Law shall enter into force from the day of its publication in the Official Journal and its effects shall expire in five years from that publication.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, Twenty-two days of the month of June of two thousand sixteen.
LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
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GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, at the thirteenth day of July of the year two thousand sixteen.
PUBESQUIESE,
Salvador Sánchez Cerén, President of the Republic.
Gerson Martínez, Minister of Public Works, Transport and Housing and Urban Development.
D. O. N ° 132 Took N ° 412 Date: 15 July 2016
FN/pch 24/08/2016
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