View of the National Cadastre Service. Photo: LN file.
The deputies Teófilo Espínola (PLRA-Canindeyú) and Sebastián Villarejo (PPQ-Capital), presented a bill “Measures to avoid the registration of real estate when they do not come from registered public instruments that prove the previous ownership”.
In the explanatory statement, the designers state that with the promulgation of the new Law No. 6875/2022, which regulates the exercise of the surveyingit is necessary clarify some points complementary, through a regulation, which avoids, mainly, the Irregular situations when registering a property before the legal institutions in charge of the process.
As published by the Deputies portal, both designers emphasized that the ownership of a property It can only be accredited in accordance with the registry entries of the Directorate of Public Records (DGRP).
They allude to the fact that, currently, the National Service of Cadastreunder the Ministry of Finance, allows the modifyprivately, public instruments with the mere presentation of a expert reportan inconvenience that this bill corrects.
They further explain that The modification of public instruments can only be done with a public counter document; judgment of rectification of public instrument; or judgment of judicial measurein accordance with the provisions of the new surveying law.
For developers, the irregular situation that arises with respect to the distribution of land in the country is worrisome.
“There are cases of total sale of the plot area; ‘miraculous’ disappearance of the registry entry; new re-registration with the original area; cases of usucapion where 20 hectares are occupied., 10 hectares are planted, and the usucapion is carried out on 10,000 hectares. These are clearly illegal situations”, assert the legislators, in the explanatory statement.
Taking into account the aforementioned, it is that they seek to establish that in any trial and in any matter of real rights, the DGRP and the National Cadastre Service must be requested a report on the original plot and landslides, as well as require the owners or the applicant to present an affidavit about the area.
The art. 1 of the project, states that if this Law is approved, “ownership of a property can only be accredited in accordance with the registry entries of the DGRP. The registration of property titles may only be ordered when they originate from a public instrument that proves the ownership of a property and it is previously registered in the aforementioned institution.
Among other points, in section number two of the regulatory framework, it is stipulated that “the registration of property titles or any other public instrument may not be carried out when they have corrections or rectifications carried out privately, and that are outside the norm.” established in sections of the Paraguayan Civil Code and Law No. 6875/2022 that provides new guidelines on surveying “
The scope of said bill will be analyzed in the advisory commissions of Justice, Labor and Social Welfare; Legislation and Codification; Municipal and Departmental Affairs and; in the Rural Welfare Commission, for subsequent study in the plenary session of the Chamber of Deputies.
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