APLICACIÓN DE LA TEORÍA DE LAS BASES GRÁFICAS REGISTRALES AL EXPEDIENTE DE DOMINIO.

Abstract

The purpose of this opinion is to perform an analysis of how the new concept of graphic bases in registration can affect the traditional processing of ownership proceedings if the proper legislation is enacted. The property registrar's validation consists in the affirmation that a certain polygon on the land corresponds with the graphic representation of a registered property, and the legal consequence stemming from that affirmation can be used to simplify the entire judicial process in which an ownership proceeding consists and vest the process with greater legal certainty. The paper analyses the value of the registrar's opinion as evidence and, inter alia, makes the following proposals: It would be advisable to furnish, at the start of the process, a registrar's certificate affirming that the proposed graphic base that the would-be owner of the as-yet-unregistered property has configured of his own will (at the Registry Office, using the proper technical material) does not correspond, in full or in part, with any registered property. It would be advisable to establish the possibility whereby, during the process, before the parties are summonsed, the registrar may certify the ownership of each of the properties bordering that whose first registration is being sought, said borders being as shown by the Registry's file of graphic bases. It would furthermore be advisable to establish the need for the registrar, acting ex officio, to furnish for the ownership proceeding any graphic base that is validated during the handling of the proceeding and concerns the territory to which the first registration pertains, so that said validation can be weighed together with the rest of the evidence.