In Peru, the purchase and sale of land is carried out under the law, that's why this process is done before a notary that involves the buyer and the seller. When you want to make a sale, they usually ask for the transfer with a certificate of possession to secure the tenure of the land.
What is the proof of possession?
The proof of possession is a legal document which details who owns a piece of land for a certain period of time. This paper city is delivered to the offices of notaries public and it is important to know that this certifies that is has a place; however, it is not the same as a title.
The certificates issued by the municipal aim to make the installation of basic services such as water, drainage, and light.
Can you sell a plot of land with certificate of possession in Peru?
In Peru, you can not use the certificate of possession to complete the transaction of purchase and sale of a plot of land. This is due to the constancy of possession is not the equivalent of the title to the property. That a person has a certificate of possession does not owner of the property and, therefore, has no right to sell it.
Validity of proof of possession:
Due to the constancy cannot replace the title, this document is valid for a limited period. This helps to avoid scams when someone want to do some processing with this document being defeated or without renewing.
These documents come with a validity of two years, but can vary. In certain cases, the term may be increased to 3 years or less if the conditions of the building warrant.
Can we cancel a certificate of possession?
Yes, it is possible to override a proof of possession, and has a fairly simple process. You just need to go to the city council of the locality in which is placed the land for sale, and request cancellation. For this procedure you do not need a lawyer.
How do I file a certificate of possession?
To register a site with the proof of possession, you have to go to the municipality of your jurisdiction and indiciar why do you need proof of possession:
- Proof of possession for access to the service water and sewer.
- Proof of possession for access to the service light.
What is required to apply for a certificate of possession?
To request a proof of ownership you need the following documents:
- The application addressed to the mayor.
- Copy of ID card.
- If you are a representative, you must attach the power of attorney currently in force in the holder (if you are a natural person must be able to simple, if you are a legal person should be copy fedateada of the power of attorney).
- The location plan and location of the ground.
- The title of the property issued by his association or AA.HH.
- Copy of autoevalúo cancelled the last 3 years.
- The state has no debt.
- Act of 6 neighbors attesting to the possession of the land.
- An affidavit of not having a judicial or extrajudicial proceedings or claims that the possession with the municipality, the entity that owns or third parties.
How does the request to obtain the proof of possession?
Each municipality has its own procedure for handling a proof of possession, and the costs and time limits may vary; however, they become equal in general terms. For example, the processing that is carried out in the municipality of San Juan de Lurigancho is as follows:
- Go to the Management of Private Works on Jr. Trujillo South 496 and request a note for payment by your processing fee.
- Cancel the right of a procedure that is equivalent to S/ 92.50 soles.
- Submit your documents in the table of parts with the requirements of order in physical format. In addition, keep a copy of each document by way of charge. Here you will be given a file number that you must keep.
- Wait for the inspection within 10 business days. An inspector will contact you by telephone to which is registered on your request for pacta the day and the hour on which to perform the inspection of the terrain.
- To receive the visit, the inspector will observe the characteristics of the terrain and validate the information that brindaste to make the request.
- In a period of 30 working days you will receive the result. To do this, you have approach to the Management of Private Works from the Municipal hall together with the docket number of your application and wait for the response to your request.
What you must know before you buy in possession?
To invest in a plot of land in possession, you must keep in mind the following:
- The land in possession are in place away from the city centre. Tend to be areas emerging that are initiating a process of habitability.
- In certain cases, these are areas in which there has not been much development in recent times, so has not been able to formalize their degree.