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real.

Consultation with the Office 2221 Counsel Superintendency of Notaries and Registration To: Sir Julio Cesar Garcia Hoyos Cra 20 No 20-12 Cisneros Subject: CR-005. Rights real. Settled: 2006ER29061 Date: September 18, 2006 Dear Sir: I acknowledge receipt the statement of the case, in which it claims cover the following concept approaches See 1. A person named in the certificate of release and as owner of a building on land allegedly railroad or the Nation, "the folios of the property belongs to the owner of the building or improvements, or the State Agency does not appear in the Office Register of Public Documents with title to property rights? 2. When a person or entity owns real rights? 3. A natural or legal person without being the owner of property rights, can have folios of real estate except for improvements or recorded material possession? Legal Framework - Civil Code - Decree-Law 1250 of 1970. Considerations Legal Office: As the first and second concern we show that: the Civil Code, Articles 740 and 756, respectively that: "Tradition is a way to acquire the control over things, and delivery is that the owner makes them to another, with one hand the power and intention to transfer the domain, and the other the ability and intent to purchase. What is said of the domain extends to all other rights real. " "They carried the tradition of real estate domain for registration of title in the registrar's office of public documents." In this vein the tradition operates by rule of law under two assumptions that are the title (deed) and mode (registration of public instruments), concluding that the certificate of release and the that indicates the holder of the domain (property). the other hand we must take into account the theory of the accession (IA 1901 to 1933 of June 8, 2001), according to which the landowner is also As owner build or plant on it. Under the above instruction, "Land of others is one that does not belong to the best, including municipal public lands and ejidos. improvements are planted on the ground outside the property owner, under the accession. The improvement has a right against the owner of a personal nature, which is why the statements of construction of improvements on neighboring soil not an act subject to registration, not to be referred to in Article 2 of Decree Law 1250 of 1970. " "(...) He who plants party land improvements against the owner only has a right to request personal cancellation of the value of these by way of compensation or offer to purchase the land on which they are planted. " As for your third concern, the answer is that if you can figure on a piece of real estate registration with false facts that constitute the tradition. Conclusion - Certificate of release and is showing who is the holder of the domain. - A person owns real rights when it has title and mode, that is, the deed and the Registration of public instruments. - A person without being the owner of real property rights may have enrollment folio estate, except improvements or material possession registered under false facts that constitute the tradition. Va a greeting Roberto Burgos Cantor Chief Counsel Office PROJECT: VSP REVIEW: JDC

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Estates. Registration

Consultation 2133 to the Legal Office Superintendency of Notaries and Registration To: Mr. Doctor: Edgar Ignacio Rodríguez Ruget Avenida Jimenez No 8-74 Bogotá DC Office 309 Subject: CN-001. Estates. Settled: 2006ER27528 Date: September 19, 2006 Dear Dr. : acknowledge receipt of the notice of the case, which sought consultation in accordance with the following statements: 1. What is the amount or percentage that should be canceled or paid by the interested "Heirs-at the time of reaching the stage of the probate of real partition work is awarded. 2. Can either be a statutory discretion or notary, which may require the reporting of income and assets last year of your death, so that they may finally approve the work of division of property and probate. 3. It is an administrative activity regardless of the official view of the competence-as related to filing a statement of income of a deceased, apart from the processing of an inheritance within the framework of Decree 902 of 1988. 4. Has the Superintendency of Notaries and Registration established the amount of the amount that should be canceled registry office for the job once notarized partition property of a decedent, as well as the charities. Legal Framework - Resolution 7200 of December 14, 2005 - Decree 902 of 1988 Considerations legal advisory office: According to Resolution No 7200 of December 14, 2005, in Section I, which are the rates set by way of exercise of the notarial function like this: "ART. 1 - Authorization. The approval of declarations of will in accordance with the law requiring the solemnity of a public deed like that of those which the parties seek to clothe with such solemnity, cause the following rights: a) Acts with no value or not determinable. The acts which by their nature have no claims or when it can not be determined, the sum of thirty-six thousand six hundred forty dollars ($ 36,640); b) Acts in size. Those whose amount is equal to or less than one hundred four thousand five hundred dollars ($ 104,500), the sum of twelve thousand two hundred twenty pieces ($ 12,220). When is larger, the following additional amounts on excess: b.1. Three per mil (3 / 1000) when the amount is less than or equal to ten million eighty-one thousand and forty dollars ($ 10,081,040); b.2. The two point nine per thousand (2.9/1000) when the amount is less than or equal to 20.162 million and eighty dollars ($ 20,162,080); b.3. The two-point-eight thousand (2.8/1000) when the amount is less than or equal to thirty million two hundred and forty-three thousand one hundred forty dollars ($ 30,243,140); b.4. The two point seven thousand (2.7/1000) when the amount is more than thirty million two hundred and forty-three thousand one hundred forty dollars ($ 30,243,140); c) Settlement of inheritance and marital partnerships. The settlement procedure before a notary and inheritance of the liquidation of the conjugal partnership, it will cause the sum of twelve 1200 twenty dollars ($ 12,220) for the first one hundred four thousand five hundred dollars ($ 104,500) for the liquid assets. When is larger, the following additional amounts on excess: c.1. The three point five per thousand (3.5/1000) when the amount is less than or equal to ten million eighty-one thousand and forty dollars ($ 10,081,040); c.2. The three point four thousand (3.4/1000) when the amount is less than or equal to 20.162 million and eighty dollars ($ 20,162,080); c.3. The three point three thousand (3.3/1000) when the amount is less than or equal to thirty million two hundred and forty-three thousand one hundred forty dollars ($ 30,243,140); c.4. The three point two thousand (3.2/1000) when the amount is more than thirty million two hundred and forty-three thousand one hundred forty dollars ($ 30,243,140); Requirement document: a pending application shall be furnished to formalize the corresponding deed, document, or genuine documents that serve as support to the liabilities stated. PAR- Regarding the ordinal a, b and c of this article will cause additional amount of 1710 pesos ($ 1,710) for each sheet of a public, warning that such settlement is included in the cost for the acquisition sheet of paper notarized. RIGHTS ATTORNEY-Price. Protocols. ART. 2 - Logging. The notary fees caused by the notarization of documents, will be settled taking into account the provisions under items a) and b) of Article 1 of this resolution, as appropriate. " So, the value of the amount payable by the formalization of the work of partition, is calculated according to the provisions of the resolution. requirements established in Decree 902 of 1988 (which will annex), at no time established, which should require the declaration of income last year of the deceased. However, if the application and documentation attached, conform to the requirements of the decree, the notary must forward the following steps: 1.E notary accepted, in the minutes, order the summons to the persons entitled to attend the settlement through notices to to be published in a newspaper of national circulation, will be broadcast once in a station of the place if any, and fix the term of ten (10) days in a conspicuous place of the notary. 2. Furthermore, the notary must inform the Superintendency of Notaries and Registration, the initiation of the process, giving the name of the deceased, and the number of their identity card or card identity, or the NIT, as appropriate. 3. Likewise, it should immediately take the office of collections for the national tax administration, as appropriate, a notice to report the name of the deceased and the appraisal or value of the goods, provided that the amount of goods is now more than 11.1 million pesos ($ 11,100,000). This information should be sent to the billing office of the national tax administration in order that this become a party to the proceedings and get the collection of overdue debts and arising to the time of settle the succession. If within twenty (20) days following notification, tax administration has not been made, the officer may proceed with the formalities. The heirs, legatees or assigns may request payment arrangements for debts of the estate tax. The resolution to approve the settlement agreement will authorize the staff to proceed to process the partition of the property, without the requirement of full payment of debts. 5. Edict published in the newspaper concerned, be submitted to the notary the page which establishes the publication of that and require certification of the radio, when it may be proper. 6. Ten (10) days after publication of the edict but failed notice of opposition by an interested and fulfilled the tax authorities' intervention in the terms established by the relevant provisions, provided that the taxes by the decedent may have been canceled or payment agreement has been concluded with the respective authority, the notary shall extend deed, with which will be solemnized and perfected the partition or allotment of the estate and the liquidation of the conjugal partnership if applicable. This deed shall be subscribed by the assignees and the spouse, if applicable, or their parents. 7. In the same way the notary may proceed, if within the terms established by tax rules, collection office or the relevant national tax administrator has not attended the settlement attorney to obtain payment of taxes by the decedent. 8. If before signing the notarial deed of partition, is submitted to the other party specified in article 1312 of the Civil Code, must remake of unanimous agreement by all concerned, the partition of the estate and the liquidation of the conjugal partnership if be the case. If there is not agreement, it will terminate the notarization, the notary must deliver the record to stakeholders. 9. If after writing the above signed appeareth new stakeholders, they may assert before the trial judge their rights or to ask the same notary, together with those who participated in the previous settlement, which the new trial. For the purpose of settling additional attorney is not necessary to repeat the first documentation has been submitted or new location. 10. If during the process of liquidation disagreement arise between stakeholders who have attended or participated to apply later, the notary shall terminate the action and will return the record. 11. When given after the deed that puts an end to the settlement attorney, breaks new goods of the deceased or community property, or when it had failed to include in that fixed assets in the process of the settlement, the parties concerned may request the same notary an additional settlement, for which no documentation is necessary to repeat that the first has been submitted or new location. 12. If after completing a succession process through the courts, breaks new goods of the deceased or of the conjugal partnership, stakeholders may attend the additional settlement, having to do the procedure for settlement of inheritance notary. Furthermore, the amount to be paid at the Registry Office of Public Instruments, be settled in accordance with the provisions of Article 2 of Decree 1428 of 2000, which also Annex. Va a greeting Roberto Burgos Cantor Chief Counsel Office Annex: Copy of Decree 902 of 1988 Copy of Decree 1428 of 2000 PROJECT: VSP REVIEW: CGD

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Corrigendum

Bogotá, DC, November 9, 2006 OAJ 2978 Lady Dr. Cristina Trujillo Fernández Calle 19 No. 14-17 Office 707 Armenia - Quindío Subject: CR-005 Registration Corrigendum Trujillo Dear Dr. Fernández: Verified photocopy of certificate 280-100468 tradition, there is : annotation in writing signed 04 No. 5621 of October 25, 1995 of Notary 3rd Circle of Armenia, which once corrected denotes the termination of the contract of sale between Convivienda Novar Ltd and José González Pineda Cia. Ltd., so that the property became the second of the above. The notation 05 refers to the registration of the same script, in which APARTACASAS LTDA, is mortgage in favor of the Caja de Credito Agrario Industrial y Minero. Annotation 06, containing the inscription of the same script, referring to cancellation of mortgage constituted by Convivienda LTDA deed No. 1085 of December 23, 1994 of the Notary of Circassia. It is inferred that a possible inconsistency in the successive chain of tradition, because not being APARTACASAS LTDA, the holder of the domain wrong could jeopardize someone else's premises, in this respect Article 752 of the Civil Code stipulates: "If the assignor is not the true owner of the thing that is for him or his name, not acquired through tradition transmissible rights other than those of the assignor in the thing delivered. " Given this circumstance, the Registrar of Public and affidavit of history shows enrollment in its role as a historian who gives faith or testifies that reality, he perceived errors must be corrected in compliance with your legal duty and pursuant to Article 82 of Decree Law 1250 of 1970, establish that the keeping of real estate registration sheets shall comply with the provisions of that sort, so that the display plate at all times the legal status of the respective asset. However, corrective action by the Registrar, in this case is not necessary as the deficiency has been corrected to remove the lien as a work annotation sheet five of registration, the registration of the deed No. 3528 of December 14, 1999 the Notary Public 3rd of Armenia. is concluded that the correction made by decision No. 56 of August 18, 2006 and cancellations at work in the folios of the estate, this displayed his royal status and does not suffer from false tradition. Sincerely, Roberto Burgos Cantor Chief Counsel Office Project. Ares November 9, 2006 Revised. JCDC

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exercise the registration function. Limitations and effects

Bogotá, DC, November 9, 2006 OAJ 3058 Doctor Mr Fabio Alberto Agudelo Gonzalez Carrera Chief Registrar 15 No. 3 N 26 Armenia - Quindío Subject: Exercise of the registration function. Concept CR-002 to record deed 2795 September 18, 2006. Dear Recorder: Requires in his letter was conceptualized on the feasibility of a property matrix desenglobar lots on which to build the stages II and III of the Residential Garden of the Americas. regard from the standpoint of material, the process of registration of public, it is administered within the Registrar of Public, a decision which may be positive or negative, on the document is filed, ordering the registration or return. From preliminary examination must be submitted to the titles brought to registration of public and given the powers of the Registrar systems which benefit in this procedure are based on the principle of legality, so that registration will only have access to valid and perfect titles. The qualification or study of documents subject to registration is not reduced to mere mechanical work, merely indicating the kind of record to be made, or return the document without making the corresponding study on the pretext of carrying out consultations . The very purpose of regulation is imposed by current registry, so that should be investigated if the respective public document or not meeting the procedural and substantive requirements required by law. Given the above I suggest applying the technique registration, based on Article 50 of Decree Law 1250 of 1970 and Article 7 of Law 675 of 2001 which provides: "SETS INTEGRATED PHASED. When a set is developed in stages, the articles of association must state that fact, and regular in its general content of the scheme, how to integrate the subsequent stages, and the percentage ownership of the private property of the stage is formed, which are provisional. Subsequent stages the original owner will integrate additional s deed, in which they identify their private property, common property located in each stage and the recalculation of the coefficients of ownership of all private assets of the joint integrated phases, which are provisional. The deed by which integrates the last stage, the coefficients of ownership of the whole will be determined definitively. Both interim and the final coefficients are calculated in accordance with the provisions of this Act. PARAGRAPH. In any case, the planning authority may only approve developments house built in stages subject to the horizontal property regime, when they allow the use and enjoyment of the equipment offered for their functionality. " Since the decision regarding the registration of the deed has been submitted for registration, subject to this consultation, which application may be negative on their part, can be challenged on appeal the Director of Registration, we can not express criterion for or against the viability of desenglobe, because of the particular jurisdiction to rule on it corresponds to the instance referred to. Sincerely, Roberto Burgos Cantor Chief Counsel Office Project. Ares November 9, 2006 Revised. JCDC

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See No. 2931 to the Legal Office Superintendency of Notaries and Registration To: Mr. Doctor Milton Julian Arias Duque Fiscal First Section Delegate to the Promiscuous Circuit Court Puerto Boyacá - Boyacá Subject: Restrictions and encumbrances CR-001 dispose Prohibition. Date: November 7, 2006 Dear Mr. Attorney: See if it is legal or not, registration was done in the folios of property 088-0009505, public deed No. 301 dated April 30, 2002, by which it was sold a property in Puerto Boyaca, which had been awarded by way of family allowance by resolution No. 505 of December 2000, in which he scored the express prohibition to transfer within five years. Legal Framework. Article 2 of Decree Law 1250 of 1970, Article 8 Act 3 of 1991, Article 52 Decree 975 of 2004. Considerations the Legal Office. Article 8 of Act 3 of 1991, states: "The allowance Family Housing will be returned to the beneficiary when the domain transfer housing solution or leave to reside in it before five years have elapsed from the date of assignment, without a specific permit based on force majeure as defined by the regulation. allowance will also be refundable if it is found that there was misrepresentation or inaccuracy in the documents submitted to establish the requirements for the allocation of the grant. Decree 975 of 2004, Article 52 states: "Authorization for disposal of social housing grant acquired. There will be no refund the subsidy when the entity grantor authorizes the sale of a home acquired or constructed with this, when proving force majeure or unforeseen circumstances that justify the need for moving house, under the condition that the proceeds of such sale is intended to acquisition of social housing ... Paragraph . The registrar of public documents with the line of duty are aware of disposals of housing obtained from the Family Housing Subsidy within a period of five (5) years covered by the law 3 of 1991 should bring this situation to the attention of the respective granting entity. " The regulations transcribed prohibits the recipient of family housing allowance, transfer the domain, and the Registrar of Public imposes the obligation to report this event to the grantor of the grant, to restore the subsidy beneficiary, more is not legal grounds for the rejection of an act purchase. Accordingly the registration of the deed referred to, they reflect the principle of legality. This query is sent back to Internal Management Group Doctrine and Jurisprudence Knowledge of the competition. Sincerely, Roberto Burgos Cantor. Chief Legal Office Project: Ares / November 7, 2006 Revised: JCDC

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Sale Colombian property by adoption. Horizontal Property Registration

See No. 2927 to the Legal Office Superintendency of Notaries and Registration To: Doctor ORLANDO RONDON E-mail QUICENO rondonabogado@hotmail.com Mall Aquarium Local 7 Leticia, Amazonas Subject: Buying real estate by Colombian adoption CN - 08 38 090 ER filing dated October 20, 2006 Date: November 10, 2006 Dear Dr. Rondon Quiceno: Consultation in the matter described, if it is permissible for a woman Peruvian by birth, but Colombian by adoption, living in Leticia, Amazonas, buy a house for their home and their children, who are Colombian by birth. Legal Framework: Civil Code Constitution Considerations Legal Office: Article 96 of the Constitution states: "These are national Colombians 1. By birth ... (...) Sheet No. 2 Dr. Orlando Rondon Quiceno 2. For adoption: a) Foreigners who apply for and obtain a certificate of naturalization, according to the law, which define the cases in which Colombian citizenship is lost by adoption b) The Latin American and Caribbean-born resident in Colombia, with government approval and in accordance with the law and the principle of reciprocity, request to be registered as Colombians in the municipality where they reside, and; c) The members of the indigenous peoples who share border with implementation of reciprocity according to public treaties. No Colombian by birth may be deprived of his nationality. Colombian national quality was not lost upon acquisition of another nationality. The national will not be obligated to renounce their nationality of origin or adoption. " This recognition of nationality by adoption is subject to the same article the application of reciprocity treaties, such as the Amazon Cooperation Agreement with Ecuador (1980) and the Amazon Cooperation Treaty with Peru (1979), the Integrated Development and Support Basic Wayuu Indigenous People in Venezuela (1990). . Article 100 of the same regulation states: Foreigners in Colombia shall enjoy the same civil rights granted to Colombians. However, the law may, for reasons of public policy, subject to special conditions or deny the exercise of certain civil rights to foreigners. Likewise, foreigners shall enjoy in the territory of the Republic, guarantees granted to nationals, subject to the limitations established by the Constitution or the law. Political rights are reserved for nationals, but the law may allow foreigners residing in Colombia the right to vote in elections and referenda at the municipal or district. " Sheet No. 3 Dr. Orlando Rondon Quiceno Article 1849 Civil Code provides: "The sale is a contract whereby one party agrees to give one thing and the other to pay cash . That is said to sell and the buy. The money the buyer gives the thing sold is called price. " And Article 1851 Ibid, said:" They are skilled in the sales contract all persons that the law does not declare unfit to celebrate or to hold any contract. " Regarding the acquisition of real estate by foreigners in the country, there is limited the case of vacant land located on the shores national and border regions with neighboring nations, whether intermediate lots reserved by Article 52 of the Tax Code (Act 110 of 1912) or non-reserved, which can only be awarded in accordance with existing rules on the subject, only to Colombians by birth. also acquired the vacant land under this article may not be transferred to foreigners in any capacity. Article 674 of the Civil Code ruled that the Union called the blessings of those whose domain belongs to the Republic. The Constitution in Article 102 states: "The territory, with the public goods that are part of it, belong to the Nation." turn Article 166 of Decree 2324 of 1984, considered as public goods: the beaches, low tide lands and coastal waters, are therefore not transferable to any title to private. Also, Decree 225 of 1973 in its article 1 states: "The notaries in the country and the foreign consuls may not allow the deeds by which ownership is transferred property in the Archipelago of San Andres and Providencia People please Colombian natural than birth or foreign legal person but when the same instrument protocolice proof that the property that is transferred out of the national heritage before the enforcement of Decree 1415 of 1940. " Sheet No. 4 Dr. Orlando Rondon Quiceno Law 467 of 1993 in its Article 27 provides: "The department's beaches and islands that comprise natural resources are public goods and therefore have characteristics of being inalienable and indefeasible. " Consequently, foreigners can buy property in our country provided that such acquisition not impair the rights of sovereignty which is the Colombian state. Regarding your inquiry, the Office of General Counsel believes that if the Land Use Plan of Leticia, Amazonas, there is no obstacle to its adoption from Colombia to acquire a property, in this case a house for shelter, Mrs. Colombian Peruvian by birth and adoption can purchase. would be helpful to consult with the Ministry of Foreign Affairs, if there is any international agreement that would prevent the transaction. With feeling special consideration, Roberto Burgos Cantor Chief Legal Office GEVB / 11/10/2006 / JDC