Cadastral search certificate

by | Aug 1, 2020 | Articles | 0 comments

The Cadastral Search Certificate is a formal publicity service provided for in Article II of thePreliminary Title, Articles 127 and 132 of the TUO of the General Regulations of PublicRegistries, whose purpose is to certify whether or not a specific property is registered(immatriculated), whether it is partially part of another larger property already registered, orwhether or not there are overlapping areas in a property.This Certificate is issued on the basis of the report issued by the Castrato de Registros Públicosarea, which makes an evaluation of the information provided by the user contrasted with theinformation contained in the Registry Graphic Base.In which cases can this Certificate be requested?The Cadastral search is generally requested for the following:

a) When the registration history of the property is unknown (registered or unregistered).
b) When the name of the last registered owner and/or the Tomo y Folio, Ficha or PartidaElectrónica number of the property is unknown.
c) When it is required to determine if there is overlapping of areas with another property.
d) When it is required to initiate a process or procedure to rectify the area of a property.
e) When it is required to initiate a process or procedure of acquisitive prescription of anunregistered property.

What are the requirements to apply for this Certificate?

The requirements are as follows:

i.- Registration application form (publicity)
ii.- Location plan of the property in question, with location scheme.
iii.- Perimetric plan of the property in question, with the technical data table.

These technical documents must be signed by the corresponding professional (architect orregistered engineer).

v.- Pay the respective cost and leave the documents indicated above.
vi – The term for the issuance of the Certificate is 15 working days after filing.

Relevant Facts about the Certificate:

It is important to point out that SUNARP does not have updated cadastral (graphic) informationon all the properties nationwide, and in most cases only has reference information on them; aclear example is the properties of the rural and native communities, as well as rural oruncultivated properties of large extensions that do not have a map that allows determining theirexact and precise location and localization.

The lack of technical information of the properties makes that, as the graphic registry baseis being updated with the titles or acts that are registered every day by different requests of theusers, the information contained in the graphic registry base changes permanently. In fact,SUNARP does not generate a cadastre, but only receives all the information from the generating entities (Cofopri, Municipalities, Users), and therefore its graphic registry database is notcomplete, standardized and updated to date.

Therefore, the information contained in the Cadastral Search Certificate is REFERENTIAL andNOT DEFITIVE; nevertheless, it is a significant advance for users to be able to continuewith the formalization of their properties in the different modalities they may request.