6.3 The title or deed and contract issued by the regional governments shall contain the condition of compliance with the obligation of continuity of agricultural activities, which guarantees their sustainability. If the violation of the terms of the contract is established, the property awarded is returned to the domain of the State. Formalised real estate contained in urban areas or areas or urban extensions are exempt from this provision. 3.1 This Act does not apply to land owned or owned by farmers and local authorities. The purpose of this law is to create the legal framework for the execution of physico-legal hygiene procedures, formalization of rustic plots and uncultivated areas approved at the national level by the regional governments on the basis of the delegated function in accordance with Article 51 of Law 27867 of literal n). Organic Law of Regional Governments to Promote the Filling of Gaps in Rural Land Titles; It also aims to strengthen coordination and articulation mechanisms for the exercise of government functions in accordance with the law. However, depending on the case, whether they are initiated ex officio or at the request of a party, or whether they concern rural property of the State or individuals, certain steps may be added. The regulations of the law regulate the acts and stages of legal physical hygiene procedures for public and private lands through the following four procedures: (i) formalization of rustic plots, (ii) formalization of authorized wasteland, (iii) declaration of ownership by domain name, and (iv) regularization of successive plots of domain transfers. In addition, the by-law establishes the procedure for the correction of land located on private land, as well as the procedure for approving plans and issuing cadastral information certificates for the physical alteration of land. 4.1 The Ministry of Agricultural Development and Irrigation, as the governing body for technical and regulatory functions in the field of physical and legal hygiene and formalization of agricultural property, shall issue technical standards and guidelines that contribute to the proper implementation of this Law; consolidates, manages and standardizes cadastral information on rural real estate; It provides training and technical assistance and controls and evaluates the quality of the procedures and services provided. It should be noted that the scope and characteristics of the actions are determined by the physical and legal condition of the property.
In fact, the less perfect the rights you have over it, the greater© the number and complexity of the actions to be performed. – Law 29151 and its new regulations, which regulate measures and procedures for better management of state property. In addition, this new regulation applies to the powers of the State and the institutions that make up the National State Property System (SNBE), as well as to the acquisition and management of State property. Article 5 Initiation of physical and legal hygiene measures Legal rehabilitation of the property identified and declared a treatment area in the area of the metropolis of Lima. In order to formalize the property in favor of the housing association, property or real estate identified and declared as a treatment area, legal hygiene applies in the area of the metropolis of Lima. 5.2 Similarly, the procedures governed by the law and its regulations are carried out on the initiative of individuals and against payment of processing fees, if they are intended to regularize their property rights or, in the case of owners, to regulate successive transfers of ownership and the correction of territories, boundaries, perimeter measures, the location and other physical data of their registered properties and archived properties. Title. The provisions of this law establish the conditions for the initiation and processing of specified administrative procedures. In Peru, the procedures for the legal physical rehabilitation of real estate for access to public registers depend on the legal physical situation in which each property is located.
For the rehabilitation of private rural lands, the procedures are divided into: In this sense, the ILCJ Institute presents the ABC of the legal physical rehabilitation of real estate in Peru in detail and, above all, in a didactic way. To learn more, click here. Regional governments, for operational reasons and in order to comply with this law, take possession of real estate registered in favour of a state entity with regard to the areas involved in the procedures for the physico-legal rehabilitation and formalization of approved rustic plots and wastelands, as well as the registration of all or part of the territorial units subject to formalization. The Ministry of Agricultural Development and Irrigation is implementing the technological platform to update in the rural cadastre database the information in the register on deeds of elimination, alterations, fees and charges of registered rural land. The National Superintendence of Public Registers approves the necessary provisions for the transmission of information from the registers. – Law 29090, Law on the regularization of urban permits, which regulates the registration of real estate with “urban empowerment” in public registers. Legal physical remediation of real estate is the series of steps aimed at regularizing and formalizing the right of ownership or other rights in rem in order to obtain title or accreditation for access to public registers. In general, the legal physical rehabilitation of real estate is the procedure to regulate the documentation of the ownership of the land mainly and after the construction built on the land (if any) in order to obtain the appropriate title or accreditation for access to public registers. In the procedures for state-owned rural land, we find the following: [Read also©: COFOPRI: Is a special legal physical hygiene procedure used to change the conditions of use?] Finally, under the new rules, the approval of plans and descriptive storage required for court proceedings under Article 504 of the Code of Civil Procedure concerning rural land in registered and unregistered areas remains the responsibility of the regional governments under their jurisdiction. The redevelopment must meet various requirements (plans, reports, titles) and a series of procedures (filling out forms, lifting documents from the public) that allow the registration of the property, as indicated in the Urbania portal. 5.3 The above adjustment shall also be made ex officio or at the request of a Party if it is established that there is a public service infrastructure overlapping a portion of the registered rural land. In the case of legal physical rehabilitation and formalization of set-aside land, which is made possible and integrated into agricultural activity, sanitation involves the assessment, payment and decision of these for subsequent registration in the Land Register (hereinafter MOP).