A Guide to Real Estate Law and Procedures
BOOK OF THE ORDINARY SHARE
Whatever the outcome of the injunction leaves except the ordinary shares.
Complaint for Restitution
Is the possessor injunction which seeks to recover possession of real property rights or rights in them.
Specific requirements for reinstatement of the complaint:
- Having been in peaceful and uninterrupted possession for a full year of law that is intended to be covered.
- You have been stripped of his possession through the acts to be indicated circumstances.
- Indicate the evidence that attempts to fend
Complaint re: possessory interdict
Is that which seeks the restoration in the mere possession or possession of real estate or real rights over them made, where such possession or mere possession have been violently seized.
Specific requirements:
- Be a holder or mere tenerdor of real estate or real right which is intended to restore,
- That he has taken his psesión or mere possession by violence, according to the evidence that attempts to fend
RESERVATION OF SHARES
The ruling leaves except the exercise of common stock and possessory actions.
Report of New Developments
Concept: The possessory interdict is trying to prevent the execution of a new work.
Objective: To prevent the build works on the floor of which has possession or prevent go to the owner of the servient construct works that embarrass the easements that the property is forced to endure. Not all new works are reportable, only reportable:
- Those that seek to build on the ground that he is in possession.
- Those who built on the farm servant, pregnant for the enjoyment of an easement predio.Las constructions built in that are about building support in others, not subject to servitude
Specific requirements:
The law says nothing, buts can make the following demands:
- To order the provisional suspension of the work.
- Which qualifies the complaint and ordering the indefinite suspension of work order the demolition of the work.
The ruling leaves the ordinary shares except to declare the right to continue building or to make it demolished.
Work Report of Ruinous
Concept: The possessory injunction which seeks to prevent a ruinous or dangerous work harm.
Objectives:
- To obtain the demolition, destruction or amendment of a dilapidated building or work.
- Get the securing or removal of trees rooted evil or liable to be shot down by cases of ordinary ocurrencia.Obtener the granting of bail by the respondent to compensate any damage by the poor condition of the building comes, if the damage is feared be not serious.
This injunction can be filed through popular action. welcome to processing the complaint, the court orders a personal inspection of the court building or tree. The inspection is drawing up a document. Following the inspection the court calls the parties to hear sentence. If it receives the complaint:
- You must order the demolition, amendment, consolidation or removal proceedings that take place and may order precautionary emergency measures it considers necessary, and order his execution to proceed without appeal.
- There is no reserve actions to change ordered by the lawsuit.
If the complaint is rejected there does reserve of common stock.
PROCEEDINGS ON REAL ESTATE LEASES
The lease of urban real estate is governed by the Act No. 18,101. This legislation does not apply to the following real estate:
- Premises to accommodate more than one hectare and having suitable for agriculture, ranching or forestry, or intended for such explotación.Inmuebles
- Housing Tax which is rented for periods not exceeding three months by batch or continuous periods, provided they are furnished and for rest and tourism.
- Hotels, residential and similar establishments.
In contracts where the period of duration is from month to month and for an indefinite period, given eviction by the landlord can only be made judicially or by personal service by a notary. In this case the eviction is within 2 months extendable for a month for full year to a maximum of 6 months. The tenant must pay rent until the property delivered. In fixed-term contracts not exceeding one year: Refunds can only be applied judicially and only entitled to a period of 2 months from the notification of the application.
Subletting
In the fixed-term contracts for a period exceeding one year, generally has the right to sublet implied, unless otherwise specified.
Términority of Lease
If you end by the arrival of the term, termination of the right of the lessor or other cause, the tenant must pay rent until delivery of the property.
Abandonment of the property
If the tenant leaves the property without restoring it to the landlord, he can petition to have it delivered without trial, with the only certification of abandonment by a minister of faith.
Procedure
The law applies to 18.101 following trials:
- Eviction, Termination of the lease, restitution of property by the deadline arrived, Eviction, Restitution of property on termination of the right of the lessor, Damages
This procedure is verbal. Filed the lawsuit cites the court hearing Commion, and test response to 5 days of notification of the complaint to the hearing demandado.Comienza ratification of demand, then the answer, here it can counterclaim. In the counterclaim are forwarded to the actor, who may respond immediately or may reserve its right to reply in another hearing. Then called on the parties to conciliation. If there is no reconciliation, we receive the test result and identifies the test points. After receiving the evidence offered. Following the receipt of proof, the court calls the parties to hear sentence. The events are promoted and are processed at the same hearing, without paralyzing the main issue. Should the rec. Of Appeal in effect only returnable and has a preference for hearing and decision. The parties may appear and defend himself without counsel when income does not exceed 4 utm counterclaim for payment: This is to request payment of rent. The first is to notify the application, the second in the response of audience demand.