Sunarp Base Legal

On the other hand, with the above statement, we can reverify that the BGR is an extremely positive and essential registration system; However, it is not crucial to rigorously assess the possible overlap between registered properties. The information it provides is referential in nature (as it is constantly updated) and must undoubtedly be supplemented by the technical and legal analysis that triggers the evaluation of the plans and/or descriptive memoranda (or geographical references) that make up their registration titles. "The modification and / or updating of the database of the graphic register does not in itself constitute an act that can be registered in the land register, because it does not fall within the hypotheses referred to in Article 2019 of the Civil Code" [2] Structured and organized graphic information system, consisting of the automated and alphanumeric graphical database of real estate registered in the land register, from the technical information contained in the archived titles, developed on a basic map. "In accordance with the second final complementary provision of Legislative Decree No 1192, the cadastral information prepared by the public body for the performance of acts of legal physical hygiene takes precedence over the existing information in the graphic register database of the SUNARP land register" c) It should be noted that UTM coordinates have not been taken into account to locate the polygon of the registered property, because they show that it moved in this direction, it was located spatially taking into account the images of Google Earth, side by side and the graphic information of the accumulation plane of the AC-03 loose sheet of title No. 6066-23/11/2006. What has been mentioned so far can only demonstrate good judgment on the part of the management of the technical register; If the information published by the BGR continues to be considered decisive, it would have to be assumed that the object of the person managed was in motion and even included the private property of third parties (an event which, in reality, was not and could not have been possible). 2.1.- Technical analysis of the electronic article n° 11031004 of the register of ownership of Sullana In order to allow any interested party to participate in the procedure and oppose the closure, a notice containing an extract of the aforementioned resolution will be published in the Official Gazette of El Peruano and in a notice distributed in the national territory. The extract of two or more resolutions may be published together in a single notice. It should be noted that the procedure for closing entries in the Register due to duplication of work is initiated ex officio (or at the request of a party) and is not intended to make a declaration on registered rights[12] and announced; However, the decision to close the oldest article is intended to remedy a gap in the application of the registration technique in accordance with the principle of registration of the speciality and to avoid subsequent entries in the closed article.

The service is provided via the institutional web portal and, exceptionally, on CD/DVD, in both cases in GIS format (shp), in accordance with the rules set out in the Directive. In fact, in recent years, SUNARP has made several efforts to remedy or supplement the technical deficiency represented mainly by the old recording titles. This is the case of the publication of the graphical database of registers ("BGR[2]") in a digital file[3] governed by Directive No. 06-2018-SUNARP/SN; as well as the inclusion of the criterion of "initial search by address[4]", implemented in the Online Register Service de publicité-SPRL (by decision n° 177-2021-SUNARP/SN). At the level of case law, the registration court was aware of this type of technical anomalies (relocation of the BGR, which leads to double registrations); however, it did not rule on the merits, let alone be able to assess it technically for the purpose of correcting or updating the BGR. This is the case for the following resolutions: OVERLAP WITH PUBLIC ROADS BY MOVING POLYGON 2.3. contrast between E.P. N°11031004 and N°11067376: [14] As is known, WGS 84 coordinates currently give greater accuracy of property georeferencing. The DATUM PSAD 56 is not widely used today, but there are still cadastral technicians working under the latter system.

[3] This is the service by which the polygon corresponding to the object of the registration or registration of an asset is delivered in a digital file, provided that this polygon is included in the BGR. [5] Meaning according to the dictionary of the Royal Spanish Academy, retrieved from: BGR move can be defined as the technical error that causes incorrect georeferencing of properties at the registry level. In this way, the physical location of the property differs from the location of the RMO; This leads to pathology in the registry, as this will not be able to announce the correct location and actual position of the property. [1] Indeed, first and foremost, and since its creation, the land register has not provided as a necessary requirement the inclusion in the entries of technical elements that have led to the physical modification of the property (independence, subdivision, accumulation, etc.). b) Examination of Title No. 6066-23/11/2006, which gave merit to the registration, it is verified that it has a plan that allows us to define its field of activity. If the duplicate registry items contain incompatible entries or annotations, the appropriate registry manager orders the beginning of the process of closing the items and orders that the existing duplicity be published by annotations in both items. The decision adopted by this directorate will be communicated to the owners of both objects, as well as to those whose registered rights may be affected by the possible closure, at the address indicated in the last registered title. On more than one occasion, we may have encountered an extremely common problem in the Peruvian registration system: the identification or correct location of an electronic object at the geographical level[1]. These pathologies or deficiencies are dealt with in the TUO of the General Regulations of Public Registers, approved by decision of the National Superintendent of Public Archives No. 126-2012-SUNARP / SN, where the administrative procedure of closing posts for duplicity tries to resolve this circumstance. Similarly, the notice is published on the SUNARP website, for this purpose, the registry administration sends a copy to the Office of Institutional Image and Public Relations before the start of the calculation of the period referred to in the penultimate paragraph in order to make itself known during this period.

(...) It should be noted that the TUV of the General Rules for Public Registries envisages up to three scenarios in which there may be duplication: [12] Therefore, this administrative decision is in no way intended to ignore or recognise the substantive rights of the registry holders concerned, since the declaration of better property rights or the invalidity of a register corresponds to the exclusive competence of the judiciary. in accordance with the provisions of Article 2013 of the Civil Code. [9] Article 58.- Reproduction of identical elements As already mentioned, the BGR is an extremely necessary computer system, both for citizens and for public administration; Because it is precisely with their support that the place of registration of a property can be determined, which leads to better accessibility and publicity of the land registry. However, given what is meant by BGR, it is worth mentioning what BGR`s displacement means. At least at the semantic level, we can define the word move as to move or remove something or someone from where it is.[5] Article originally published in the blog Bitácora Inmobiliaria of the magazine Enfoque Derecho: In response to the above problem, it was not known how cases of double recording due to BGR`s displacement could be disseminated. In fact, the greatest difficulty lies in the cadastral area, since the latter is hardly able to determine such a disadvantage (mainly because of the different types of coordinates used by this organization for georeferencing: PSAD 56[14]). [7] Joaquin Delgado. Cadastral mapping shift. Impact on the coordination process.

Questions and answers. In: REGIS PRO.ES: The Special Principle or Royal Folio[8] presents the technique or mechanism that allows to extend the entries in the register in a relative order.