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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