Special Law for the Delimitation of Pro-undivided Real Estate Rights

By: Gabriel Ignacio Lara

glara@romeropineda.com

On September 1, 2021, the Legislative Assembly approved the Special Law for the Delimitation of Pro-undivided Real Estate Rights, which was published in the Official Gazette on September 3, 2021, the purpose of said regulations is to create a special legal regime that allows establishing, delimiting and registering in the Registry of Real Property and Mortgages, as a certain body, the o the portions of real estate over which one or more holders of property rights are in a state of pro-indivision with other persons and, in accordance with the aforementioned Registry, it is not possible to determine all the co-owners; or that, in the registry registration, there are five or more co-owners at the entry into force of the law and the impossibility of locating them all is justified, consequently, the judicial or extrajudicial partition of the property in such situation.

In a practical way, we must understand that proindivision refers to the condition or situation of a good or a set of goods, which is in co-ownership or community, and which has not been divided among its various co-owners, so everyone has partially, the right of ownership over said asset, sharing it with other people, none having full ownership or disposal of the asset or assets in such state. It generally occurs in inherited assets when the co-heirs have not made the corresponding division.

Also included within the scope of the law are the beneficiaries of the Agrarian Reform, whose rights are in a state of pro-indivision.

It is important to note that those who are subject to the Real Estate Property Law for Apartments and Apartments and the pro-undivided rights that are established in contravention of the provisions of this law are excluded from the special regime established in said law.

If you have any questions about this law or a topic related to Real Estate Law, do not hesitate to contact me.