Possession is a way of acquiring domain. It consists of the material possession of a certain thing with the spirit of lord and owner.The law establishes two essential elements to configure it: the corpus and the animus. The corpus is the real and material acquisition of the thing. The animus, that the person acted as lord and owner over the property.
To declare the acquisition of ownership prescription is required to have possessed the good. The prescription is ordinary when it has been regularly held for a term of five (5) years and is extraordinary when it has been irregularly held for ten (10) years.
The owners may request the Declaration of regular possession , before a notary of the circle where the property is located. The inscription of the declaration of the quality of regular holders of said goods, in order to be enabled to acquire their domain by ordinary prescription.
Domain Possession Registration
For the purposes of registering the possession, the applicant must meet the following requirements:
- Be in regular possession of the property on its own behalf on a continuous and exclusive basis, without violence, or hiding for a continuous year or more.
- Prove that there is no pending process against you in which the ownership or ownership of the property started prior to the date of submission of the application is discussed.
The circumstance that there are previous registrations on all or part of the same property will not be an obstacle to the registration of the possession
The interested party in obtaining the registration of the declaration of regular possession of a property must submit an application before a notary. In order to grant a public deed evidencing said possession. The request must contain:
- The identification of the applicant, and his spouse or permanent partner, address, marital status and condition in which he acts.
- The identification of the property, nomenclature, certification and cadastral plans, boundaries and space.
- The affidavit in which the applicant affirms that there are no pending processes on the ownership or possession of the property initiated prior to the date of the request.
The following documents must be protocolized:
- The certification and cadastral plans of the property with indication of its location, place and boundaries.
- Receipts for payment of taxes, contributions and valuations caused by the property and paid by the applicant and with an age of at least one year.
- The statements and evidence that in the applicant’s judgment allow him to demonstrate that he has exercised regular possession in a public, continuous and peaceful manner over the property during the year prior to the date of the application.
Once the request is authorized, the public deed will be registered in the Office of Registry of Public Instruments of the Circle where the property is located.
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