FE PÚBLICA REGISTRAL EN INVASIÓN TABULAR PARCIAL DE FINCA NO INMATRICULADA.

Abstract

It is commonly accepted that the true area of a property, as the de-facto issue that it is, can never be certified by registration authorities. However, the authors feel that registration authorities can speak as to the true area on one occasion: when one property commits a tabular invasion of another, neighbouring, unregistered property and there are no objective boundary lines between the two but such objective boundary lines do exit in the other three lines of the invading property. In such cases, the true area may be a delimiting feature and therefore meet the requirements for allowing a purchasing third party to become a third party purchaser for a value without notice under article 34 of the Mortgage Act.
If this happens, the entry of the true area must be protected to the extent of acknowledging the a non domino purchase of the tabularly invaded neighbouring strip of property. Although this is not normally recognised, the authors hold that it would be consistent with current law and with case law, although, to ascertain the matter, one would certainly need to go beyond the mere letter of the decision and the reasoning behind the rulings and subject them to in-depth analysis.