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Pena on Registration of Land Titles and Deeds

The translations of the Spanish legal and non-legal sources are unofficial translations provided by the authors. This article aims to propose a methodological design to explain and assess the land titling programs that have been implemented in Colombia since Consequently, the proposed analysis helps to understand how legal regulations affect and transform social relationships.

This article presents a methodology that starts out from legal categories, in combination with social sciences data collection techniques, 1 to evaluate some of the land titling programs implemented in Colombia over the last 25 years. We propose this socio-legal approach to analyze the relationship between the concept of property, and the ways in which Colombian campesinos countrymen understand their land, socially, culturally, politically and economically. Campesinos are individual holders of land rights who collectively claim an identity based on a bond with land and territory.

Since the s the Colombian state has carried out three national land titling programs, which have sought to consolidate individual private property rights: i Plan Nacional de Desarrollo — National Development Plan sought to provide a legal economic alternative to small producers of illicit crops, such as indigenous people and campesinos and their families.

The programs has two goals. First, to legalize and normalize property rights so the small producers could have credit access. Second, the government was supposed to provide technical assistance, infrastructure and services to the public. This program pursues the regularization of individual and collective tenure of rural properties. That is the case of the Department of Casanare, in the East of Colombia, which promoted the titling of vacant lands between and under Law of , by which the National System of Agrarian Reform and Rural Peasant Development is created.

These programs were developed within a context of land distribution inequalities. At the same time, the land ownership GINI index, which is different from the land index one, went from 0. The latter index also exposed a growing trend in which existing landowners were buying new plots in this period, leading to an increase in land concentration. Private land, on the other hand, comprised 4.

One of the greatest difficulties studying land and property rights in Colombia is the lack of institutional information and public policy monitored by the state. An example of this is the virtual non-existence of public records of wastelands. Therefore, the campesinos living on those non-registered plots are not still recognized as landowners by the government. The concepts of property and territory included in this methodology are the two main categories of analysis to understand people in relation to their land.

On one hand, property rights statutes represent a regulatory framework through which land titling programs are performed. On the other hand, they form a benchmark against which the rights, entitlements and obligations of former holders before and after land titling programs can be measured.

Consequently, in this article, we first assess the concept of ownership according to Colombian legislation and then use it as an analytical tool to assess whether the programs effectively fulfilled the objective of transforming campesinos into landowners. Territory and territoriality are conceptual approximations to non-legal relations, such as social, political or cultural rapports that may be present in the territories to be titled.

These concepts enable us to think about the geography as more than titling field; it helps us to perceive the ties and conflicts related to the use and enjoyment of resources within the land. They also help us to understand the differing versions and visions between what the state assumes about ownership, which it consequently regulates, and what campesinos experience in their everyday lives. The methodology proposed here is framed within the social sciences approach known as socio-legal studies.

Banakar and Travers define this as an interdisciplinary research that understands and integrates aspects of two or more disciplinary perspectives into a single analytical approach. Such information is essential to understand the objectives of the land titling programs to be assessed using the proposed methodology.

Section 3 briefly discusses the state of the art of impact assessments of titling programs at the international level. This helps to identify other methodological approaches, scopes and significant contributions for understanding the Colombian case.

In the third section, we present an extreme example of campesinos land tenure in the Colombian Atlantic coast as narrated by Fals Borda, 14 and LeGrand. Section 4 presents the proposed methodology based on tools of socio-legal research, and discussions of previous sections, particularly on the concepts of property, territory and territoriality. We develop five tables to assess the land titling plans and programs, which are presented in the annexes.

This section also presents the methodological tools, including semi-structured interviews and social mapping, the operationalization of the analytical categories and the systematization of the information, which were used during fieldwork and later analyzes. Lastly, we present the expectations for the methodology presented in this article, with a focus on recognizing the importance of the law as a tool for analysis, and not just as a subject of study, as well as the importance of a cross-disciplinary approach for assessing land titling programs, and public policy in general.

The Colombian titling programs are intended to promote access to land ownership. This enables us to analyze the starting point of such programs and their legal and social limitations. In Colombia, property rights are mainly governed under private law. Good examples of this are the laws on the social function of property and provisions on agrarian reform, 18 which often generate clashes and turn Colombian property law into an entangled bag load of legal fish hooks.

By virtue of the Agrarian Reform Law, 19 wastelands may only be transferred by the state to those eligible for land reform, while private property may be acquired by any person. In many cases, however, the legal classification of a piece of land is unclear, thus generating the need for courts to fill in this gap and apply different legal interpretations to determine whether a give piece of land is a wasteland or not.

Divergent court decisions have upheld diverse interpretations based on different legal rules; some of them identify wastelands whenever they have no registered property titles and others determine that wastelands are only those lands which no one exploits it economically. To make matters worse, the legal uncertainty, caused by the private-public dichotomy and inconsistent standard of reviews on land classification, coupled with the Colombian armed conflict, has perpetuated the incapability of government to implement public policies to redress the inequitable distribution of rural public assets.

Several authors have identified that there is a clash between two classical theories that have influenced how Colombian legislation from the midth century has identified whenever an individual has acquired a property right.

For Rousseau, the first occupants were the ones susceptible to becoming owners within civil society. Similarly, in Colombia, the state recognizes a landowner to be the person who has obtained such a title by means of a duly registered title. In contrast to Rousseau, Locke believed that ownership is a right to be held by an individual who combines their own work with a resource. In the case of government wasteland, 31 which must only be awarded to those eligible for agrarian reform, exclusive application of the Lockean approach would lead to the unlawful appropriation of these lands.

As a result, persons who are not eligible for wasteland awards could acquire ownership over these lands. This theoretical application has the same implications in the land-titling programs because it addresses the need for a legal classification of the property in order to define the manner in which property rights are to be transferred.

The application of the Rousseauian theory also involves certain challenges. According to Scott, the positive title that consolidates ownership can be looked upon as a mechanism through which the state represents reality by taking only the information it needs to administer it more easily.

Titling rural properties may even be a tool to weaken the operation of illegal activities by increasing the presence and visibility of the state in its territory. However, by only considering information of interest, such as the area or location of the property, the state neglects other types of information which seem less useful for its purposes, and in that process it creates the realities it seeks to represent.

For instance, Article of the Civil Code 40 grants the owner of a series of rights such as the right to use, enjoy and dispose of the asset once the ownership rights have been consolidated. Ternera defines the right to use by specifying that the owner has the power to choose how to utilize her commodity, as long as it does not run against the law or the rights of third parties. Finally, the right to dispose allows the owner to carry out certain actions on the substance of the asset such as transforming or destroying it and the ownership itself such as donating or selling it.

According to Article 58 of the Colombian Constitution, when the state acknowledges the existence of a consolidated property right, it must also guarantee the protection of this right and the entitlements it implies.

The individual is also entitled to receive indemnity if the state decides at any time to expropriate the asset for reasons of public interest. In sum, land titling programs are essential in order for the state to recognize land owners and guarantee their property rights.

They also enable the state to know the legal, physical and economic situation of the land, not only its ownership. Consequently, land titling programs are also tools for the development of a cadaster which enables the state to know who is subject to which rights and obligations, and determine who needs government protection.

Land titling is itself a tool to consolidate property rights and promote access to land, which also grants rights and obligations to the subjects of such rights. It is also essential to understand how the state recognizes valid claims to exercise ownership over property and how its nature is classified in order to assess land titling programs. This is all the more so considering that the Colombian legal system and consequently the titling programs operate based on a logic of registered titles; which means that the state relies on these documents in order to administer the land.

In this context, there are informational, economic and geographic barriers that prevent the effective enjoyment of property rights granted through the consolidation of ownership.

This section discusses the methodological approaches, scopes, theoretical contributions and guidelines found in literature pertaining to international land titling programs.

Even though some cases of relative success have been reported in terms of agricultural investment Nicaragua, Venezuela and Ecuador , in many other countries especially in Africa no significant relationship has been found between tenure regimes, security, use of credit and productivity. In fact, as noted by Firmin-Sellers, 49 land titling can increase, rather than reduce, uncertainty and conflict over property rights in the absence of a high level of entitlement in property rights legislation.

According to Ubink and others, this happens because in most cases programs do not take the particularities of local contexts into account. This debate helps us to understand the limits and structural issues of programs that are guided by a static vision of rural property and provides methodological tools for analysis of land titling programs in different contexts. The literature focusing on land distribution or titling programs, 52 within the scope of unequal relationships, 53 falls into three broad categories grouped according to their theoretical and methodological contributions.

The first group of authors start out by studying the partial agrarian reforms in Africa, 54 with a critical view of the definition of property rights. Their reference point is the context of unequal land distribution, and they emphasize why titles themselves do not generate greater productivity or access to credit.

However, they overlook the origin of the definition of property rights and how the security of land ownership is defined from a legal perspective. In methodological terms, the authors base their research on document analysis, social science literature reviews on security and insecurity of property rights, as well as qualitative methodologies such as life stories and in-depth interviews.

Their analyses focus on the impact of land tenure reforms on traditional lands in Sub-Saharan Africa in the case of Smith , and the lack of legal security for property rights. The second group of authors is headed by Gould and his study of the sense of partial agrarian reform in Guatemala. It is representative of a series of contributions that focus on the impact of political and ideological limitations of institutional designs, which were aimed at reforming land tenure within contexts of post-conflict or highly concentrated rural property.

In characterizing the relationships between the actors, and their various roles and interests, they highlight the discourses and practices that articulate the ideas of race, nation and rural development underpinning these programs. To this end, they draw upon social science methodologies such as document analysis, focus groups and in-depth interviews. Lastly, both the abovementioned articles, and others focusing on Latin American and African countries, 57 have addressed the ethnic and gender component to analyze the impact of ambiguities in agrarian policies and tensions arising from the coexistence of different titling systems.

The selected literature made use of social sciences methodologies that help to show the local implications of national programs. Some of the tools used in these studies were the identification of actors and the historical characterization of rural issues, particularly when traditional systems are ignored or associated with low or non-productivity.

Thus, Fitzpatrick remarks that property enforcement is not only a question of law or institutional choices, but also the degradation of social norms in circumstances of conflict, state antagonism and illegitimacy, which explains why there are property rights failures in third world countries. Even though the abovementioned literature acknowledges the importance of using different methodologies in the study of land titling programs, it fails to use a cross-disciplinary approach, which takes into consideration the methodological contributions of social sciences and law.

The literature either includes a strict analysis of existing legislation, or it is based on categories such as geographic territory, unequal land distribution, or campesinos movements to address the issue of land titling. Although conflicts over land and land titling programs limitations are always characterized by the legal norms that framed them, they lack performing an analysis from a legal perspective.

This is treating law more as a subject of analysis than part of the methodological design. The mentioned methodological approach of the reviewed literature, can limit the assessment of land titling programs, as it disregards the realities that are affected and created by a given legislation. Therefore, adding legal categories and legal designs to the methodology, can provide a different assessment of land titling programs in Colombia. As mentioned earlier, two paradigms are applied in relation to the evaluation of land titling programs.

The abovementioned literature belongs to the new paradigm that contributes to a comprehensive analysis of land conflicts which places public policies in context, rather than simply assuming that those land titling programs are ends in themselves. In most African, Asian and Latin American countries, land titling programs endorsed by the state seek to title properties with the objective of improving productivity and security.

However, during the implementation process government institutions often encounter realities that go beyond the legal ways of understanding rural property. A representative case of these realities that are ignored and that represent added complexities for land titling processes is that of the campesinos on the Colombian Atlantic Coast. During rain-season, the rivers, swamps, beaches, hillsides and rainforests that form this sub-region were flooded, preventing the campesinos from working on these fertile lands.

For this reason, the campesinos developed flexible production systems in which they performed different activities depending on weather conditions.

Ltd Finals Reviewer 2017-BOOK-- PENA

To log out, please click the logout link in the upper right corner. Skip to main content. Change Browser Language. It does not include the section, township, range, or the county where the property is located. It is a description of the ownership boundaries only and does not include easements or other interests of record. The property description should not be used when conveying property.

Dimensions of Morality

Land titles and deeds pena, land titles and deeds agcaoili, torts and damages. But before diving into the specifics, the gravity of the role played by property deeds is great enough to warrant a discussion. If the land turns out to be inalienable public land, then it has no jurisdiction to order its registration and the court must perforce dismiss. The products listed below are designed to assist the varying needs of buyers and sellers of property. Torts and damages aquino, credit transactions.

Torrens title is the certificate of ownership issued by the land Register of Deeds, naming and declaring the owner of the real property described therein, free from all liens and encumbrances except such as may be expressly noted thereon or otherwise reserved by law. Its effect is that it can be conclusive against the whole world, it is guaranteed to be indefeasible, unassailable, and imprescriptible. The title once registered cannot be impugned, altered, changed, modified, enlarged, or diminished except in some direct proceeding permitted by law. It can be further classified into:. Judicial registration which will be done through the courts.

Pena on Registration of Land Titles and Deeds | Historically Digitized

Registration of Land Titles and Deeds

The document is entitled the Certificate of Title. Land title refers to the evidence of the right of the owner while deed refers to a written document executed in accordance with law, wherein a person grants or conveys to another a certain land. Examples of a deed: Deed of sale, deed of donation, deed of mortgage, lease contracts, etc. The certificate of title contains the following: Aquino, Amado D. A certificate of title shall not be subject to collateral.

Php 1, Availability date:. The minimum purchase order quantity for the product is 1.

It is the evidence of the right of the owner or the extent of his interest, 2. Torrens system PD No. Registration, purpose and effect in general.

Land, Titles, and Deeds Reviewer

The translations of the Spanish legal and non-legal sources are unofficial translations provided by the authors. This article aims to propose a methodological design to explain and assess the land titling programs that have been implemented in Colombia since

4 Comments

Paige R. 25.03.2021 at 19:10

Chapter I BACKGROUND, BASIC CONCEPT AND GENERAL PRINCIPLES 1. Historical background of land titles. In the early days, land was literally free to all​.

Toby G. 28.03.2021 at 13:42

View LAND TITLES AND DEEDS - PEÑebezpieczni.org from LAW at Xavier University - Ateneo de Cagayan. Chapter I BACKGROUND, BASIC CONCEPT AND.

Unkraverol 29.03.2021 at 04:00

Among the 2 Bishop of Cebu v. Mangaron, 6 Phil. ; Barlin v. Ramirez, 7 Phil. 41; Roman Cath. Church v. Mun. of Tarlac.

Philipp K. 30.03.2021 at 08:16

Registration of Land Titles and Deeds by Peña for Law, Civil Law, Land Titles and Deeds published by Rex Book Store.

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