SUMILLA: I REQUEST DIRECT

PURCHASE AND SALE OF

LAND FOR HOUSING UNDER
THE CAUSE OF LITERAL D) OF
ARTICLE 77 OF DS007-2008-
HOUSING.
SUB-DIRECTORATE OF REAL ESTATE DEVELOPMENT OF THE
NATIONAL SUPERINTENDENCY OF STATE PROPERTY .-
XXXXXXX identified with DNI N°XXXXX, with real
address in av.XXXXXXXX, Pachacamac-Lima district
, and with procedural address av. XXXXX, where the
notifications of the procedure will be sent, to you with
all due respect I say:
That, invoking legitimacy to act, I appeal to your office to inform you that I have
been exercising possession since 2002 in a peaceful, public manner and
continues on land of an area of 1,243.53 m2 that is being incorporated into the
domain of the National Superintendency of Property State located av. XXXXX
“Las Huertas de Pachacamac”, district of Pachacamac, province of Lima and
department of Lima.
I protect my real right, established in article 896 of the Civil Code, which
establishes that possession is the de facto right of one or more powers inherent
to property; thus constituting a civil property right, which is why I seek
ownership of my right through direct purchase and sale.
I. REQUEST.-
Under the protection of Law No. 29151-General Law of the National System
of State Assets and its Regulations Supreme Decree No. 007-2008-
HOUSING, I REQUEST: THE AWARD FOR DIRECT SALE OF THE
PROPERTY OF WHICH I EXERCISE POSSESSION IN A PUBLIC,
PEACEFUL AND CONTINUOUS FORM since 2002, but I have a public
document of my possession dated October 2005; The property has an area
of 1,243.53 m2 located on Av. Railway s/n Mz. “B”, Lot 2- Sub lot 2-B,
Parceleros Association of Pampa Limay “Las Huertas de Pachacamac”,
district of Pachacamac-Lima, the requested area is registered in items
N°11955838, 12670744 and 12670745 of the Registry of Predios de Lima,
registered as owner by the National Superintendency of State Assets.

I formulate the request taking into consideration the provisions of article 74

of Supreme Decree No. 007-2008-VIVIENDA (Regulation), modified by
Supreme Decree No. 013-2012-VIVIENDA, which establishes that private
state property can be object of purchase and sale only under the modality of
1.- Public auction, and 2.- Exceptionally by Direct Purchase and Sale ,
and therefore I ACCEPT THE CAUSE ESTABLISHED IN LITERAL D) OF
ARTICLE 77 of the aforementioned regulation, which stipulates that, To
acquire the land through DIRECT SALE, it is required that there be
 consolidated possession with an antiquity of more than five (05) years
completed as of November 25, 2010, and the area must be completely
delimited with civil works; This cause corroborates and optimizes my real
situation on the land that I have in possession, which is why I confirm that I
comply with the requirements of said legal budget.

II. FACTUAL BASIS.-

1. Gentlemen of the Subdirectorate of Real Estate Development of the
National Superintendency of State Assets, I declare that since 2002, I have
taken possession of the sub-material land in a peaceful and public manner,
but that I have proof of my possession dated 4.10.2005, issued by the José
Gálvez PNP Police Station, due to the need to have decent and adequate
housing for my family.
2. Initially, the property where I exercise possession had an area of 2,500.00
m2 and was called XXXX of the district of Pachacamac; Then, in 2006 I
divided it into two plots called Sub lot 2-A and Sub lot 2-B, where the first
one transferred possession to a third party and the second is the current
property where I have been exercising continuous possession (Sub lot 2-B).
In that sense, the property subject to direct sale is XXXXXX located in front
of Av. Ferrocarril s/n district of Pachacamac, which has an area of 1,250.00
m2, as shown in the certificate of municipal possession dated 5/24/2006
issued by the District Municipality of Pachacamac1 , but according to a
study by the civil engineer, the property currently has an area of 1,243.53
m2.
3. Subsequently, as I had been exercising possession of the property for years
in a continuous, peaceful and public manner, I decided to register the
property in my favor, so on 10/10/2017 I carried out the cadastral search of
the rustic land where I have been occupying, and with date 27/ 10/2017 the
Cadastral Search Certificate is issued for the requested area. Said
certificate indicates that the sub-subject property is incorporated and
registered in the domain of the National Superintendency of State Assets,
partially within the scope of items Nos. 11955838, 12670744 and 12670745
of the Property Registry of Lima.
4. Reviewing the items, it appears from item No. 11955838 that it is a parent
property that has an area of 411,074.47 m2 called vacant land located in
the area called Pampa de Limay in the district of Pachacamac, registered
on 12/5/ 2006; and on 5/30/2011 several separations were made, where
two of them are plots B3A and B3B, registered in items No. 12670744 and
12670745 respectively, which also overlap with the area of my possession,
leaving the property matrix with a remaining area of 223 100.57 m2; In this
sense, it can be seen that the items that overlap with the area of my
possession were registered after the possession that I have exercised since
2002 and with my possession certificates dated 10/4/2005 and 5/24/2006.

1
It should be noted that due to a typing error, “Block A” was entered when the correct one was “Block
B”, also the other data such as location, area, boundaries and perimeter measurements, give certainty
that it is the same property Sub Lot 2- B of the Mz. B and not from the Mz. TO.
5. In this way, from 2002 to the present I CONSOLIDATED my constitutional
right of POSSESSION in a continuous, peaceful and public manner, being
that the area that I occupy of 1,243.53 m2 is duly delimited with other lots
for housing, distinguishing and classifying the green areas required the city
Hall.
6. I hereby accompany the descriptive report, the location plan (plate U-01)
and the perimeter plan (plate P-01), finding the area delimited in its entirety,
with civil works, buildings intended for residential purposes, restricting the
effective access to third parties who are not possessors, as proven by
photographic shots of my home and its surroundings.
7. In addition, I attach the police verification of my possession, dated
10/4/2005 issued by the “José Gálvez PNP Police Station” and the
municipal possession verification issued on 5/24/2006 by the District
Municipality of Pachacámac, through said public documents I
unquestionably prove that I have been exercising possession since before
11/25/2005, the date of entry into force of Law No. 29618 “Law that
establishes the presumption that the State is the possessor of the real
estate it owns and declares real estate imprescriptible. of state private
domain.”
8. As I point out in the previous paragraphs, I clearly demonstrate that I have
all the documentation that undoubtedly accredits my right of possession,
protecting, guarding and conserving the individual area that I drive directly
and permanently, all of this with the purpose of requesting the DIRECT
SALE for the reason of the literal d) of article 77 of Supreme Decree N°007-
2008-HOUSING.
9. In order to guarantee my home and my investment in the property that I
have been occupying in a peaceful, public and permanent manner, I
request the technical inspection of the property that your office will carry
out, in order to prove that the facts presented are real.
10. Finally, I present all the documentation required in the regulatory framework
of the National Superintendence of State Assets to access the DIRECT
PURCHASE AND SALE OF THE PROPERTY, in accordance with the
TUPA.

III. LEGAL FOUNDATIONS.-

1. Political Constitution of Peru
Article 1.- The defense of the human person and respect for their
dignity are the supreme goal of society and the State.
Article 2.- Every person has the right:
11. To choose your place of residence, to travel through the national
territory and to leave and enter it, except for limitations for health
reasons or by court order or by application of the immigration law.
14. To contract for lawful purposes, provided that public order laws are
not contravened.
16. To property and inheritance.
 20. To submit requests, individually or collectively, in writing to the
competent authority, which is obliged to give the interested party a
response also in writing within the legal period, under responsibility. (…)
2. In the Civil Code
Article 896 establishes: “Possession is the de facto exercise of one
or more powers inherent to property.”2
Article 915 establishes that “if the current possessor proves to have
possessed previously, it is presumed that he possessed in the
intervening time, unless proven otherwise.
3. Supreme Decree No. 007-2008-HOUSING, modified by Supreme
Decree No. 013-2012-HOUSING published on 6/3/2012.
Article 74 establishes: “State private domain assets can be purchased
and sold only under the modality of public auction and, exceptionally,
by direct purchase and sale.”3
Article 75, numeral 75.2 establishes: “ The request for direct sale
must be presented to the entity that owns the property or the
Regional Government, as appropriate, attaching the documents that
prove the respective cause, (…)”4 .
Article 77 states that “by exception, the direct purchase of private
property may be carried out in favor of individuals, in any of the following
cases:
(…)
d) Whose possession does not comply with the conditions indicated in
the preceding paragraph, but possessory activity is effectively carried
out on the property, the area being delimited in its entirety by permanent
civil works, in such a way that it effectively restricts the access of third
parties other than the person exercising its possession and there are
documents that unquestionably prove that the applicant has been
exercising the protection, custody and conservation of the area for itself,
with a seniority of more than five (05) years completed as of November
25, 2010, provided that it is not included in other cases of sale regulated
by special competition rules of other entities.
e) (…)”.
4. DIRECTIVE N° 006-2014-SBN, procedure for the approval of the direct
sale of private state domain property of Free Availability.
5.4 of article V of the General Provisions, regulates the age of
possession and the sum of possession periods, which states the
following: “The age of possession is accredited with the documents
offered by the administrator as evidence and with the possession
that is verified in the field. (…).” 5

IV. EVIDENTIAL ANNEXES FOR THE ORIGIN OF MY CLAIM.-

2
The highlighting is ours.
3
The highlighting is ours.
4
The highlighting is ours.
5
The highlighting is ours.
 1) Legible copy of the DNI.
2) Descriptive report of the submaterial property, authorized by Civil
Engineer Anderson Edilberto Vidal Herrera, with Reg. CIP No. 24167.
3) Perimetric plan (sheet P-01) in UTM PSAD 56 coordinates, with
indication of the area, boundaries, angles and perimeter measurements;
with perimeter scale 1/1000, authorized by the Civil EngineerXXXXXX,
with Reg. CIP No. XXXX.
4) Location Plan (plate U-01), authorized by the Civil EngineerXXXXX, with
Reg. CIP No. XXXX.
5) Cadastral Search Certificate of the land in possession, issued by the
Lima-SUNARP Registry Office.
6) Verbatim certificates of electronic items Nos. 11955838, 12670744 and
12670745 of the Lima Property Registry.
7) Copy of the police verification of the home issued by the PNP Police
Station of José Gálvez, on 10/4/2005.
8) Copy of the Certificate of Municipal possession of the land issued by the
Urban Rural Development and Environment Management of the District
Municipality of Pachacámac on 5/24/2006.
9) Color photographs that demonstrate that my land in possession is
properly located and with residential construction.
FIRST OTHER SI: In accordance with the provisions of article 162 of Law
No. 274446 , and subsection c) numeral 6.1 of the VI Specific Provision of
the Procedure indicated in Directive No. 006-2014/SBN dated 5/9/2014, we
request that the TECHNICAL INSPECTION OF THE PROPERTY whose
direct sale is requested be carried out, to effects that the entity can
corroborate the peaceful, continuous, public, and therefore legitimate
possession of the property comprised in an area of 1,243.53 m2, located
on av. XXXXXX, Association of Farmers of Pampa Limay “Las Huertas de
Pachacamac” of the district of Pachacamac, province and department of
Lima.

6
Article 162.- Burden of proof
162.1 The burden of proof is governed by the principle of ex officio impulse established in this Law.
162.2 It is up to those administered to provide evidence by presenting documents and reports,
proposing expertise, testimonies, inspections and other permitted procedures, or alleging allegations.