If you are a citizen of Ecuador or have recently moved there, you need to obtain a property registration certificate, a document that is issued to prove ownership or ownership of some property. How can you get it? and why is it so important? We will understand it below.
Requirements for the property registration certificate
- A form is required RPC-02 Section A, it is a form of requisition of property certificates. In which, when filling it out, the name of the owners of the property, parish and description of the property on which the property registration is caused must be recorded in the application.
- Additionally, a photocopy of the predecessor certificate should be included with the request if it is available or existing.
- The applicant must approach the information gazette.
- Demand the request format that is functional according to your needs, depending on the type of certificate you wish to acquire.
- Fill out said form proportionally obeying the requirements indicated for the different classes of transactions.
- Give the request form to the cashier.
- Pay the stipulated value in boxes for the desired procedure.
- Receive the receipt of the entry procedure that specifies the procedure number, and the data of the delivery of the certificate.
- On the date of the voucher, the user must apply with it, at the public service ticket office to obtain his certificate.
Cost of the procedure
The information on the official website indicates that the Property Registry has a national cost of $4 dollars.
In estimate, they should include 5 working days, although the time may vary from one center to another. And this procedure has a legal validity of 60 days.
Where is the process carried out?
This legal procedure can be carried out in the mayor’s office of the city where you live, in municipal establishments or headquarters in the name of the municipality of metropolitan registration, whose department in charge is the administrative unit of certification management.
What information does the property registration certificate contain?
This certification, an external citizen procedure, is issued at the hands of the property registry of the metropolitan district that guarantees the right of ownership of a specific individual over a specific asset.
– RESOLUTION No. DMF-2011-001.
– Art.9 LAW OF THE NATIONAL SYSTEM OF PUBLIC DATA.
– Art.5 LAW OF THE NATIONAL SYSTEM OF PUBLIC DATA.
– Art. 11 REGISTRY LAW.
– METROPOLITAN ORDINANCE 0090 JUNE 27, 2011.
The information that describes the certificate consists of:
- Property references.
- License plates.
- Summary of the articles that support the issue.
- Property description.
- Form of acquisition and background.
- Assessments and observations.
- Detailed document.
property references: Code number.
cards: Card code number.
License plates: Number of registrations.
Summary: of the articles that support the issue, name of the issuer, reason, resolution number, article (11), date, revision of the indexes and books that are part of the Property Registry of the Metropolitan Registry.
Property Description: Type of property, location, address, parish, street, city, among others.
Owners: Name of the owner(s) of the property.
Form of acquisition and background: Specifications and details of the transaction, name of the person making the sale, date, place.
Assessments and observations: Date, witnesses, form number, type of property, location, address, parish, street, city, limitations, items involved, among other pertinent details depending on the type of property.
Responsible: Institution in charge.
What is it for?
The purpose of the property registration certificate is to start the transaction to guarantee an intestate succession, in which it is indicated that the natural or legal person who demanded the certificate owns or does not own real estate. In this way, the state – free or encumbered – in which a certain property or right is located, according to the inscriptions and existing documents in the archives, is recorded.
The Property Registry as an institution intends to work in the medium term under updated legal-technical and technological schemes, which constitute it as a precursor at the regional and national level, of quality services and efficiency for the interested parties of the service portfolio, having promoted his vision from the very process of transition from the previous Property Registry to the public sector.
As well as document and electronically record the properties of the properties corresponding to the urban, suburban, rural sectors and any other territorial characteristic, generating the history of each and every one of the properties with the information related to properties with their corresponding acts, to issue the certificates and/or inscriptions required by the citizens who use our services, in accordance with the provisions issued by the Law of the National System of Public Data Registration, the Ordinance for the Organization, Administration and Operation of the Property Registry of the canton Cuenca and other correlative laws to the Ecuadorian public sector.
Currently the following property certificates are issued:
- Positive Certificate of Ownership.
- Negative Certificate of Ownership.
- Positive Certificate of Possession.
- Negative Certificate of Possession.
It is responsible for guaranteeing the existence of a real estate with owner in the name of a natural or legal person. It may refer to all the possessions and their respective registration number or, more specifically, to one or more properties, indicating the number of the number with an indication of the registration number and the detailed description of the requested properties.
In this case, the document is issued, either addressed to a natural or legal person, which does not have assets registered in the Property Registry.
Certificates of possession:
It could be said that the sole purpose of the possession certificates that are issued by the municipality is the installation of basic services, such as water, drainage, electricity, among others, to assets in the process of being formalized. Although, it is not a good idea for them to be carried out by owners of spaces whose possession or ownership is in dispute or has not been defined.
When issuing these certificates, the issuer must pay careful attention not to deliver them to informal owners located in protected areas or areas of archaeological interest, since the delivery of certificates of possession would cause the holders to understand that they have permission. to occupy said land.
In the same line of argument, it is also not advisable to issue said certificates to lands where the property right is unknown, whether it belongs to the state or private and whether it can be transferred, since this could cause legal conflicts in which the municipality would be affected.
Within these certifications there are several types:
- Verbatim certifications.
- Related Certifications.
- Domain Certifications.
- Load certifications.
- Certification of domain and loads.
- Negative certifications.
Verbatim certifications: In these, the inserted circumstances that give reason to the interested party are included verbatim, the issuance in this particular must be subject to data protection legislation.
Related Certifications: They are those that are issued by the Registrar of the information requested by the interested party.
Domain Certifications: In this case, they are in charge of transmitting or expressing the ownership of the property in question.
Certifications of loads: They indicate if a property is encumbered and the extent of the charges or if, on the contrary, it is not.
Certification of domain and loads: It indicates a fusion of the two previous ones.
Negative certifications: These certify that a good or property is not registered, which for any reason favors the interested individual.
The registration certification is also useful when making a request for subsidies, loans, or the approval of aid in the purchase of subsidized housing or for rental aid.
Requests for certifications can be made continuously, with the aim of knowing certain information about modifications made later to the registration situation of a property or good.
In the event that you have placed a property for sale for which you do not have the deed but have a deposit contract at hand, the certification is fully functional before the notary to carry out the procedures with the buyer.
In the event that you are interested in acquiring a property, the property registration certificate can help you verify additional information about the details of the property, quite apart from those that are binding for legal purposes.
For lawsuits, claims or settling legal disagreements regarding a property, if the registration certificate has the required data, it is fully functional. If said legal development allows it, it will also be an advantage in those cases of non-payment of loans when it comes to avoiding the embargoes as evidence of the non-possession of another property.
It also appears as the legal means that will give you a license to access the veracity or validity of the various property registry entries desired by the interested party. In the same way, it allows to know the legal status of the property since it includes a detailed and complete study of the property with all the transactions, charges and encumbrances.
Since it has the value of proof before others, it is a means to guarantee charges and the ownership of an asset, since as mentioned, it includes; a detailed description of the property, specify the name of the owner, deed or title by which the property is acquired with the date and detailed notary, mortgages, embargoes, vpo, prohibitions and limitations.
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