There are a number of Requirements for the Purchasing Prescription that will allow you to carry out this procedure and that we are going to explain today. We will also be telling you everything related to the duration of the procedure, who can do it, what is the cost and what are the legal aspects of it.
The Purchasing prescription allows you to obtain the title of property of a property, under certain conditions. Thus, what is done is essentially acquiring other people’s rights that have become their own over time, under certain situations.
It may sound complicated, but it is not. Today we will explain everything about How to Process the Purchasing Prescription, do not go!
What are the Requirements for the Purchasing Prescription?
Let’s start by talking about the Requirements for the Purchasing Prescription, as these are the basis of all the information that will come later. These are the conditions that will ultimately allow you to claim the prescription. Let’s see how they go
- Demand for the acquisitive prescription. A lawyer must authorize it before formalizing it.
- Plaintiff’s Identity Document (Simple copy).
- Perimeter and location plans of the property. They must be signed by an engineer or architect authorized by the municipality.
- Municipal certificate on the owner of the property.
- Registration seat (Literal copy). This must be from the last 5 years if the property is rustic and from the last 10 years if it is urban.
- Certificate that the property is not registered.
- Judicial inspection of the property if there is a demarcation case.
- Testimony of 3-6 people, over 25 years old, in the form of an affidavit.
- The property must be acquired by prescription through the continuous, peaceful and public possession for 10 years of good. That is, to have the property continuously and in good faith, without having carried out acts of violence to occupy it and that everyone considers it the owner for occupying it in a public and uninterrupted way.
- Proof of payment of taxes.
- Comprehensive description of the property.
- Acquisition document, which although it was not enough to go to Public Records, will serve in the case. It can be purchase-sale contracts, swap contracts, certificates of possession, and so on.
- Others that are necessary to win the case and obtain the property title.
Keep in mind that if the requirements are not met then the claim can be declared inadmissible and the judge will not be able to intervene in favor. This one, in addition, must have enough evidence to approve the acquisitive prescription.
On the other hand, even though these are the Requirements for the Purchasing Prescription, we recommend hiring a real estate lawyer.
Why? Because it is a judicial procedure, with civil law jargon. We are talking about a cumbersome and technical process.
The lawyer will help you draft a claim with higher chances of success and will devise a strategy in the event of resistance from the former owner or legitimate third parties.
Finally, it is important to highlight that the date on which the property was acquired and the form will be requested, being able to have to demonstrate the uninterrupted, public and peaceful stay during the last 10 years, which is the time that is most used in this type of cases.
Who can qualify for the Acquisitive Prescription?
As to who can opt for the acquisitive prescription, because we say that all those people who can fulfill all of the Requirements for the Purchasing Prescription.
However, in favor of precision, we say that all citizens have the right to demand it as long as the guidelines established in article 950 of the Civil Code.
In this way, if you want to acquire ownership of an asset through this legal device, you must essentially:
- Possess the good of form uninterrupted, constantly.
- Enjoy the good of form peaceful. That is to say, there can be no conflicts in the exercise of possession of the property, neither legal nor de facto.
- Possess the good of form public, without hiding yourself, from the view of third parties. To be precise, it is the case that all the neighbors think that you are the owner of the property.
- Have the property for a period of 5 to 10 years. It only takes 5 years if it is in good faith and 10 in the opposite case, the latter being the most usual case. By good faith We understand the belief that you were the rightful owner, whether by mistake of fact, ignorance, or mistake of law, and that you possessed a just title that led you to believe that.
- Possess the good like the rightful owner, the real thing, because you think so.
There are cases in which you must proceed with great care. For example, you cannot prescribe a real estate subject to inheritance, since the rights of the heirs hardly expire. Other mechanisms would have to be analyzed.
On the other hand, although it is the right of any citizen to demand the acquisitive prescription, since property is a right these They must comply with everything established in the Civil Code. The use of witnesses or other means that serve as evidence is vital to prove the legitimate possession of the property.
In this sense, you can use electricity, telephone, vaccination cards or any document that reflects the stay at said address in the declared period, and also as if it were the authentic owner.
Consequently, those people who occupied the property with the character of lessee they will not be able to operate the usucapion (the acquisitive prescription) not even if they have been in the property for more than 10 years. Again, respecting the property rights of the owner.
How long does the process take?
The duration of the procedure It will depend on several factors and today we will tell you about some of them. You may think that it is a long process, but the truth is that it is not determined exactly how long it can take.
First of all, the case complexity. Remember that there may be third parties (or the owner himself) who oppose the acquisitive prescription, in which case it would take time to reach agreements or win the lawsuit.
On the other hand, if the case goes smoothly, then the process is faster because the facts can be clarified just like that.
Second, the legal route taken, according to the case. We will delve more deeply into this later, but the acquisitive prescription can be processed through administrative, judicial or notarial procedures.
Depending on the procedure that is done, then this will last more or less. For example, the process will take less time if it is done through a notary than if it is done with a judge.
Finally, it will depend on the justice system. Many cases of the bodies in charge of cases like these are saturated by processes that have lasted longer than stipulated. If so, then resolution of your case may take longer.
We could also say that it will depend on your particular case and how your lawyer decides to approach it. If you have a very strong strategy, then it is very likely that the documents you present along with your claim will allow the judge to pass judgment much faster, or the notary.
If it is a movable or immovable property or if it is an ordinary or extraordinary usucapion, it must also be taken into account.
Costs of the Purchasing Prescription
With respect to Cost of the Purchasing Prescription, We have already told you before that it is a very complicated procedure and that the best thing you could do is to hire a lawyer to make the process more bearable.
This lawyer will instruct and guide you in the collection of the documents that you will need to support your case, many of which have associated costs as they have to be issued by specialists.
Such is the case of the perimeter planes and location of the property, which must be signed by an authorized engineer or architect, which can range from S /. 100.00.
In this way, we could say that acquiring all of the Requirements for the Purchasing Prescription It has a cost. You also have to pay the lawyer who will handle the case, whose cost may vary depending on experience and degree of specialization.
We cannot tell you the entire process, it depends on many factors, but if we can recommend you to start by knowing the fees of lawyers specialized in the subject.
Legal Aspects for the Purchasing Prescription
Almost to finish, we already know that Legal aspects of the Purchasing Prescription involve the entire procedure. It is a procedure that has to be supported by a legal basis.
This base is what the Civil Code, on its Title II: Property, Chapter V: Purchasing Prescription, Article 350. We recommend that you read it yourself for a clearer idea of what you are looking for.
It would also be important to take into account article 897 on Possession, articles 906 and 914 on Good Faith, and all those that follow article 950 and that are related to the procedure. All of these are covered by the Requirements for the Purchasing Prescription.
What is it?
The Purchasing prescription it is a tool to acquire the property of a good. It is used when a person enjoys an asset for a certain time (5 years with just title and good faith, otherwise 10 years) and therefore it becomes their property, even if it is formally owned by another person.
When a person wins this lawsuit, they can register the movable or immovable property in the Public Registry.
Thus, those who use it are people who have acted as the real owners for years, despite the fact that they do not have the property title. Seeing the other side of the coin, it is a penalty for the true owners.
This is a procedure that is done by judicial or notarial means. There is also the administrative route, used by regional governments and being the rural property.
- Judicial: it is used for movable or immovable property, in good or bad faith, whether rural or urban. When you are in good faith, remember that you have a fair title, that is, that the owner has an imperfect. In this case, the prescription could be requested after 5 years of owning the property. It is the most used route since it involves most of the cases.
- Notarial: It is used for urban properties, whether they have a building or not. Notaries can carry out the procedure as long as the possession of the property is carried on continuously, peacefully and publicly, as the owner, for ten years.
- Administrative: It is used for certain types of rustic properties located in an agricultural area or equivalent. For some reason, the State considers that the prescription will be carried out by a specific authority, be it the Ministry of Culture, COFOPRI, regional governments, among others.
We hope we have helped you with the Requirements for the Purchasing Prescription and we wish you the best of luck.
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