In Colombia, having the public deed of a property does not guarantee, by itself, that a person is recognized as a legal owner of a house. Although this document is fundamental, the law requires another key step for domain transfer to be valid and have effects legal in front of third parties: el Registration at the Public Instrument Registration Office (ORIP).
Colombian legislation establishes the “title and mode” principle as a basis for legally transferring the property of real estate. He “title” It is the public deed signed before a notary, which represents the agreement between COMPRADOR AND SELLER. However, this document alone does not transfer the property. For the transfer to be effective, the “way”that is, the registration of said deed in the corresponding Orip.
Without the fulfillment of these two elements, the transfer of property is not perfected and, therefore, it is not opposable to third parties. This means that, legally, the registered owner remains who appears in the real estate registration folio.
Why is writing enough?
Among the main reasons why a writing does not guarantee ownership are:
- Lack of registration: If the writing does not sign up for the ORIP, The buyer is not considered legal owner.
- Registry errors: Administrative failures can generate duplicity of registration or inconsistencies that affect legal certainty.
- Conflicts by registration: The law gives priority to the document that is recorded first, regardless of the signature order.
- Legal or administrative problems in transmission: Revocations, writing errors or problems with the ability of the parties can invalidate the transaction.
The process to be legally recognized as owner
For a person to be recognized as legal owner of a property in Colombia must:
- Sign a public deed before a notary, where the sale with all the legal data of The property.
- Register writing in the orip, which gives legal validity against third parties and updates folio dand enrollment inmobiliary.
- Present the required documents, such as certificates of tradition and freedom, peace and property except, document identity and Tax vouchers.
The certificate of tradition and freedom plays an essential role in this process, since it allows verifying the legal situation of the property, identifying the owner of the domain and knowing if they exist levies or limitations on good.
What if there is no writing? The way of the declaration of belonging
Colombian law also contemplates the Declaration of belonginga judicial mechanism to acquire the property of a property when public, peaceful and uninterrupted possession has been exercised for a certain time. There are two modalities:
- Ordinary belonging: It requires five years of possession with just title and good faith.
- Extraordinary belonging: Apply after Ten years of continuous possession, even without title.
This process is useful in cases where there is no deed or when legal conditions prevent registration.
The Superintendence of Notaries and Registration (SNR) is the entity responsible for supervising both notaries and Orip. Establish norms, vIgila compliance with the process and guarantees legal certainty in real estate transactions.
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