The legal regime of unproductive land in Peru: between state property and private property

Abstract

For many years the Peruvian State has affirmed that it is the owner of all the unproductive land located in the national territory. This has been sustained in various regulatory provisions issued throughout our republican history, especially in the past century, being a statement that to this day is held almost as an absolute truth. Because of this affirmation, it is not possible for an individual to be the owner of unproductive land, even less so if the State has not transferred ownership in their favor. In the following lines, we will show that this normative statement is incorrect.