Notarial Prescription of Ownership

Application Form
For further illustration on how to request the acquisition of
real estate property through a notary, we attach a model to
be used for this procedure.
It should be taken into account that although it is true that
the Application is also subscribed by the Witnesses,
separately they must present sworn declarations indicating
that they know the person requesting the Prescription and
that they know that he/she has lived in the property subject
of the Prescription for a period of more than 10 years in a
public, pacific and interrupted manner.Prescription and that
they know that they live in the property subject of
Prescription for a period greater than 10 years in a pacific
and interrupted public way.

LORD NOTARY:
Please admit for processing and after verification of compliance with the
requirements of law, extend in due time its registry of Non Contentious
Matters of Notarial Competence, the Public Deed for the Declaration of
Acquisitive Prescription of Dominion of Urban Property, requested by Mrs.
xxxxxxxxxxxxxxxxxx, of Peruvian nationality, of Occupancy of her house,
identified with D.ofAcquisitive Prescription of Ownership of Urban
Property,requested by Mrs.xxxxxxxxxxxxxxxxxxxxxx, of Peruvian
nationality, of Occupation of her house, identified with D.N.I. N° xxxxxxxx,
single, residing at Av. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Distrito de
xxxxxxx, Provincia y Departamento de Lima con la intervención en calidad
de testigos de Don xxxxxxxxxxxxxxxxxxxxxx identificado con D.N.I N°
xxxxxxxx, con domicilio en Av.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx,
identified by D.N.I. N° xxxxxxxx, with address at Av.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx; Mr.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, identified with DNI N° xxxxxxxx,
domiciled at Av. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx and DAME
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, identified with DNI N° xxxxxxxx,
with domicile at Av. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx , in the
following terms:
PETITION:
FIRST:THAT I REQUEST THAT I BE DECLARED OWNER VIA
ACQUISITIVE PRESCRIPTION OF OWNERSHIP; SINCE 1975 TO DATE,
THAT IS TO SAY FOR MORE THAN TEN YEARS, I HAVE BEEN IN
POSSESSION IN A PUBLIC, PACIFIC WAY, ACTING AS OWNER IN AN
UNINTERRUPTED WAY, OF THE URBAN PROPERTY CONSTITUTED
ON THE PROPERTY IN AV.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx,
REGISTERED IN VOLUME xxxx OF FOJA xxx OF PARTIDA N°
XXXXXXXXXX OF THE REGISTRO DE PREDIOS DE LIMA.
SECOND:THATALTHOUGH IT IS TRUE THAT THE PROPERTY IS
REGISTERED IN VOLUME XXXX OF PAGE XXXX OF ITEM NO.
XXXXXXXX OF THE LAND REGISTRY OF LIMA IN THE NAME OF MR.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
MARRIED TO MR.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
MARRIED TO XXXXXXXXXXXXXXXXXXXXXXXXXX, IT IS ALSO TRUE
THAT MRS.XXXXXXXXXXXXXXXXXXXXXXXXXXXX,HAS BEEN, SINCE
1975 TO DATE, IN PUBLIC, PACIFIC AND CONTINUOUS POSSESSION
OF THE URBAN PROPERTY LOCATED IN AV.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX, PROVINCE AND
DEPARTMENT OF LIMA.
SAID PROPERTY HAS AN AREA OF 68.00 M2 (SIXTY EIGHT SQUARE
METERS), WITHIN THE FOLLOWING PERIMETERAL MEASUREMENTS
AND BOUNDARIES:
ON THE FRONT:With common passage, with 9.75 ml.
FROM THE RIGHT: Entering with a broken line of 3 sections, the 1st from
the front with 4 ml with the common passage, the 2nd turns to the left with
2.45 ml and breaks perpendicularly towards the back with 3.25ML, bordering
in these remaining sections with the light well N° 6.
AT THE BOTTOM:Broken line with 5 sections measuring 3.55 ml, goes up
perpendicular with 0.55 ml, bends to the right with 2.05 ml, breaks
perpendicular to the bottom with 0.55 ml and bends to the right with 3.95 ml,
bordering the first and the last one with third parties and the remaining 3 with
the light well N° 8.
FROM THE LEFT: Broken line in 3 sections starting from the front 3.70 ml,
turning to the left with 2.50 ml bordering on these 2 with the light well N° 9
and the last one breaks perpendicular to the bottom with 3.50 ml with the
light well N° 10.
PERIMETER:59.05 ML.
LEGAL BACKGROUND
 ARTICLE 950 OF THE CIVIL CODE, WHICH SETS FORTH THE
CONDITIONS FOR ACQUIRING PROPERTY BY PRESCRIPTION OF
REAL ESTATE.
 ARTICLE 915 OF THE CIVIL CODE, WHICH ESTABLISHES THE
PRESUMPTION OF CONTINUOUS POSSESSION.
 ARTICLE 505 OF THE CIVIL PROCEDURAL CODE, WHICH SETS
FORTH THE SPECIAL REQUIREMENTS FOR THE PROCESSING OF
THE JUDICIAL ACQUISITIVE PRESCRIPTION OF OWNERSHIP AND
WHICH APPLIES SUPPLEMENTARILY TO THE NON-CONTENTIOUS
NOTARIAL PROCESS FOLLOWED IN THIS APPLICATION.
 LAW COMPLEMENTARY TO LAW 26662, THE LAW OF NON-
CONTENTIOUS MATTERS OF NOTARIAL COMPETENCE FOR THE
REGULARIZATION OF BUILDINGS (LAW 27333), ARTICLE 5.
 ARTICLE 21 OF THE LAW FOR THE REGULARIZATION OF
BUILDINGS OF THE PROCEDURE FOR THE DECLARATION OF
FACTORY AND THE REGIME OF REAL ESTATE UNITS OF EXCLUSIVE
PROPERTY AND COMMON PROPERTY.
 ARTICLES 35, 36, 38, 39 TO 43 OF THE SINGLE ORDERED TEXT OF
THE REGULATION OF LAW 27157 - DS 035-2006-HOUSING, WHICH
REGULATES THE NOTARIAL PROCEDURE OF THE ACQUISITIVE
PRESCRIPTION OF OWNERSHIP WITH REGULARIZATION.
PROCEDURAL WAY
IN ACCORDANCE WITH ARTICLE 21 OF LAW 27157, ARTICLE 35 OF
THE TUO OF LAW 27157, ARTICLE 35 OF THE TUO OF LAW 27157 AND
OTHER COMPLEMENTARY AND RELATED REGULATIONS, IT IS
ESTABLISHED THAT THE NOTARY OF THE PROVINCE WHERE THE
PROPERTY IS LOCATED IS COMPETENT TO PROCESS THE
PRESCRIPTION OF OWNERSHIP, WHICH MAKES THE NOTARY'S
OFFICE COMPETENT TO ADMIT THE PRESENT CASE FOR
PROCESSING.
PROBATIVE MEANS
A. THE MERIT OF THE AFFIDAVIT OF SELF-ASSESSMENT OF THE
PROPERTY, CORRESPONDING TO THE YEARS 2001 TO 2012, WITH
WHICH I ACCREDIT THAT I HAVE BEEN A TAXPAYER FOR TEN YEARS
IN THE MUNICIPALITY OF LINCE OF THE PROPERTY OF WHICH I
REQUEST ITS PRESCRIPTION.
B. WATER BILL FOR THE YEAR 2012.
C. WATER SERVICE PAYMENT HISTORY FROM 2000 TO 2012.
D. LOCATION AND LOCALIZATION PLAN OF THE PROPERTY THAT IS THE
SUBJECT OF THE REQUEST, DULY ENDORSED BY THE MUNICIPALITY
OF LINCE.
E. PERIMETER PLAN OF THE PROPERTY THAT IS THE SUBJECT OF THE
APPLICATION, DULY ENDORSED BY THE MUNICIPALITY OF LINCE.
F. DESCRIPTIVE MEMORY
G. AFFIDAVITS OF WITNESSES AURELIO OTAZU PACHECO, HUGO
ENRRIQUE HUERTAS GARCIA, JORGE LINO MATEO ROMAN AND
DOÑA MARFA CARMEN FALCON DE RAMIREZ.
NOTIFICATIONS
FOR PURPOSES OF THE NOTIFICATIONS OF LAW, I INDICATE THAT:
A.IN RELATION TO THE REGISTERED OWNERS MESSRS. ELENA ELIAS
LARRABURE WIDOW OF DE LA PIEDRA, ELENA DE LA PIEDRA ELIAS
MARRIED TO DON JUAN SALINAS LYON AND BORIS DE LA PIEDRA
ELIAS MARRIED TO ANA MARIA PORTELA VIERCI, I DECLARE UNDER
OATH THAT I DO NOT KNOW THEIR CURRENT DOMICILES AND THAT I
HAVE EXHAUSTED THE EFFORTS TO KNOW THE DOMAINS OF THE
REGISTERED OWNERS, IN SUCH SENSE, THEY SHOULD BE NOTIFIED
BY EDICTS ACCORDING TO THE PROVISIONS OF ARTICLE 165 OF
THE CIVIL PROCEDURAL CODE.
B. WITH REGARD TO THE ADJOINING OWNERS, WE MUST INDICATE
THAT THEY SHOULD BE NOTIFIED ACCORDING TO THE ADDRESSES
EXPRESSED IN THE SECOND POINT OF THE PETITION OF THE
PRESENT REQUEST.
C. WITH RESPECT TO THE PLACE WHERE THE WITNESSES ARE TO BE
NOTIFIED, WE MUST POINT OUT THAT THEY WILL BE NOTIFIED AT
THE ADDRESS INDICATED IN THE PREAMBLE OF THIS REQUEST.
WITNESS STATEMENTS
WE, THE WITNESSES
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX,
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX AND MRS.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XX, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE FIVE
LITERAL B OF LAW 27333, WHO DECLARE TO KNOW THE
APPLICANTS OF THE PRESENT ACQUISITIVE PRESCRIPTION, AS
WELL AS THAT SHE HAS POSSESSED FOR MORE THAN TEN YEARS
IN A PUBLIC, PACIFIC, CONTINUOUS AND UNINTERRUPTED MANNER,
THE INTEGRITY OF THE PROPERTY LOCATED IN AV.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXX PROVINCIA Y
DEPARTAMENTO DE LIMA.-
THEREFORE, I REQUEST YOU, MR. NOTARY, TO ADMIT TO PROCESS
THE PRESENT REQUEST OF ACQUISITIVE PRESCRIPTION.
LIMA, JULY 11, 2012.
 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
ID CARD. NO. XXXXXXXXXX
Source: http://estudiojuridicoregistralmefe.blogspot.com/2013/03/modelo-de-solicitud-de-
prescripcion.html

ACQUISITIVE
PRESCRIPTION OF
OWNERSHIP
REQUIREMENTS:

 Written request or application of the interested party, authorized by an

attorney.
 The precise indication of the date and manner of acquisition, as well as
the time of continuous peaceful and public possession of not less than
10 years.
 Name and address of the registrant, if applicable.
 Name and address of your immediate transferor, if applicable.
 Name and address of the owners or occupants of the adjoining
properties.
 Municipal or administrative certificate of the person who appears in
their records as owner or possessor of the property.
 Copy literal of the domain of the property.
 The offer of a declaration of not less than three nor more than six
witnesses older than twenty-five (25) years of age, preferably
neighbors or occupants of the adjoining properties of the land whose
titling is being requested.
 Technical report of verification of the respective factory regularization
forms.
 Copy of identity document of petitioner and witnesses.

For any additional information, please write to

informes@notariatambini.com

SOURCE:
http://www.notariatambini.com/prescripcion-adquisitiva-de-dominio.html

SUPPLEMENTAL TITLE AND ACQUISITION

PRESCRIPTION
INTRODUCTION

In the present work of registry and notarial law on "ADQUISITIVE PRESCRIPTION OF

DOMAIN AND SUPPLETORY TITLE - NOTARIAL WAY AS A NON CONTENTITUOUS
PROCESS", we will present its concepts, functions, processing and procedures in a
notarial way as a non-contentious process, which will lead us to understand and know the
great importance of the other mechanism or another way to carry out an acquisitive
prescription, such as the notarial way, and its main purpose to register it with the
notary.This will lead us to understand and to know the great importance of the other
mechanism or the other way to carry out an acquisitive prescription, such as the notarial
one and its main purpose of registering it with the purpose of providing legal security.

The acquisitive prescription of ownership and supplementary title are processed in two
ways: In a judicial procedure and in a notarial procedure, both forms have their pros and
cons, but we will focus on the acquisitive prescription of ownership in the notarial
procedure, which consequently has the same purpose as the judicial procedure, which is
to register in the public records the movable or immovable property subject of prescription
to give legal certainty to the owner and to give legal formality to the registration.

The notary has several specific functions, one of which is to process the non-contentious
processes of supplementary title and acquisitive prescription of ownership, subject to the
respective procedure.

SUPPLETORY TITLE AND PRESCRIPTION OF TITLE OF TITLE

Suppletory Title

The non-contentious process of Suppletory Title is processed as stipulated in Article 504

of the Code of Civil Procedure, paragraph 01, which states .Code of Civil Procedure,
paragraph 01, which states
"The owner of a property who lacks documents accrediting his right, against his immediate
transferor or those prior to him, or their respective successors to obtain the granting of the
corresponding title of ownership", governed by the special requirements of article 555 of
the Code of Civil Procedure.
The purpose of the non-contentious process of supplementary title is that the owner of a
property that lacks documents proving his right against his immediate transferor or those
prior to this one, obtains legality by obtaining the title of ownership that by law corresponds
to him.
Its rationale lies in the effects of memorial possession.
Acquisitive Prescription of Ownership

CONCEPTS

According to Albaladejo, the acquisitive prescription "is the acquisition of ownership or any
other real right that can be possessed, by the continued possession of the same during the
time and with the conditions established by law as a way of acquiring ownership".
Peña Bernardo de Quirós mentions that the acquisitive prescription "is the acquisition of
the domain (or of a real right), by means of the possession in a concept of owner (or
holder) continued for the time determined by law".
They are similar definitions, but in the same way, it is almost unanimously accepted that by
means of acquisitive prescription another real right can be acquired apart from the
property right, such as usufruct, for example.
However, I think that from a systematic review of our legal system, this is not feasible,
since it has been established that only the right of ownership (article 9509 and the right of
apparent easement (article 1040 of the C.C.) can be acquired by prescription. So much so
that article 1000 of the Civil Code states that usufruct can only be constituted by law, by
contract or unilateral act and by will.
There are several concepts in the doctrine but the simplest and easiest to interpret is that
of Cabanellas who says: "It is a way of acquiring the domain and other real rights by
possessing a movable or immovable thing during a period of time and other conditions set
by law. That is, the conversion of continued possession into ownership.

ACQUISITION OF REAL ESTATE.

As stipulated in Article 950, real property is acquired by prescription through continuous,

peaceful and public possession as owner for ten years.
It is acquired after five years when there is a fair title and good faith.
ACQUISITION PRESCRIPTION OF PERSONAL PROPERTY.

The acquisition by prescription of a movable property requires continuous, pacific and

public possession as owner for two years if there is good faith, and for four years if there is
not. (article 951).

Characteristics:

- The non-contentious processes of supplementary title and acquisitive prescription are

only initiated at the request of a party.

Types of Acquisitive Prescription and its requirements:

The doctrine can differentiate between two types of prescription; the ordinary (short) and
the extraordinary (long). In addition to the requirements that the possession be continuous,
pacific, public and as owner, two special requirements are fair title and good faith.
Extraordinary possession, on the other hand, does not need these last two requirements,
since even if the possession is illegitimate, it is valid to prescribe, as long as the terms
established by law are complied with.
The requirements for prescription are the following:
- Continuous possession
- Peaceful possession
- Public possession
- As owner

SUPPLETORY TITLE AND ACQUISITIVE PRESCRIPTION

OF DOMAIN - NOTARIAL VIA-
The acquisitive prescription referred to in this Title is declared notarially at the request of
the interested party and for this purpose the same process referred to in article 504 and
following of the Code of Civil Procedure must be followed.The acquisitive prescription
referred to in this Title is declared notarially, at the request of the interested party, and for
this purpose the same process referred to in Article 504 and following of the Code of Civil
Procedure must be followed, as applicable, in accordance with the provisions of Article 5
of Law 27157.Article 5 of Law 27157

Notarial Procedure for the Acquisitive Prescription of Ownership

The procedure for the declaration of ownership by acquisitive prescription of ownership

provided for in Article 21 of Law No. 27157 shall be processed exclusively before the
Notary Public of the city where the property is located.The declaration of ownership by
acquisitive prescription of ownership provided for in Article 21 of Law No. 27157 shall be
processed exclusively before the Notary Public of the province where the property is
located, verifying compliance with the requirements set forth in the first paragraph of
Article 950 of the Civil Code, in accordance with the following procedure:

(a) The application shall be processed as a non-contentious matter of notarial competence

and shall be governed by the provisions of the general provisions of Law No. 26662, in all
that does not contravene the provisions of Law No. 27157 and this Law.

b) Upon receipt of the request, the Notary shall verify that it contains the requirements set
forth in paragraphs 1), 2) and 3) of Article 505 of the Code of Civil Procedure, for the
purposes of this procedure. Likewise, no less than 3 (three) nor more than 6 (six) persons
over 25 (twenty-five) years of age shall sign the application as witnesses, who shall
declare that they know the applicant and shall specify the length of time said applicant has
owned the property.
c) The Notary shall order a summary of the request to be published 3 (three) times, with
intervals of 3 (three) days in the Official Gazette El Peruano or in the newspaper
authorized to publish judicial notices and in one of national circulation. The notice must
indicate the name and address of the Notary where the transaction is made. Likewise, it
will request the respective registry the preventive annotation of the application.

d) Without prejudice to the aforementioned publications, the Notary shall notify the
interested parties and neighbors whose addresses are known, and shall place signs on the
property that is the object of the request for acquisitive prescription of ownership.

e) The Notary will obligatorily go to the property that is the subject matter of the
application, issuing a certificate of presence, in which the peaceful and public possession
of the applicant is verified. The description and characteristics of the property, as well as
the result of the declaration of those who are in the adjoining properties, shall be included
in said report.

f) After 25 (twenty-five) days from the date of the last publication, without opposition, the
Notary will complete the registry form or will elevate the request to public deed, in both
cases declaring the ownership of the property acquired by prescription. Only if the
applicant has opted to convert the application into a public deed, the notices, the act of
presence and other instruments that the applicant or the Notary Public deem necessary
shall be inserted therein, and only the duly completed registration form shall be submitted
to the Registry as a notarial part. If the Notary Public chooses to submit only the
Registration Form to the Public Records, the Notary Public will file the proceedings in the
Notarial Register of Non-contentious Matters.

g) If there is opposition from any third party, the Notary shall terminate the process,
notifying the applicant, the Association of Notaries and the corresponding registry office of
this fact. In this case, the applicant has the right to sue for the declaration of ownership by
acquisitive prescription of ownership in court or to resort to arbitration, as the case may be.

h) The Notary Public shall submit to the Public Registries certified copies of the plans
referred to in Law No. 27157.

i) The notarial public instrument or the registration form signed by the Notary declaring the
ownership by acquisition of ownership is sufficient title for the registration of the ownership
in the respective registry and the cancellation of the registration entry in favor of the former
owner.

j) The terms shall be counted by working days, in accordance with the provisions of Article
141 of the Code of Civil Procedure.

k) The present procedure also includes the declaration of acquisitive prescription of

ownership of land located in urban areas that do not have buildings.

SOURCE:

http://asesoriaenderecho.blogspot.com/2009/03/titulo-supletorio-y-prescripcion.html

Acquisitive prescription of ownership

In short, the acquisitive prescription of ownership consists of the acquisition of ownership by the
passage of time.

However, in order for such legal assumption to materialize, it is necessary to meet certain
indispensable requirements that have been established in our Civil Code,