La descripción del inmueble y la discordancia registral

Abstract

The object of the article is to determine whether current legislative requirements prevent the existence of doubtful ownership rights due to imprecise or lacking identification of the property. In the event that they do not prevent it, we ask the following questions: Can the Real Estate Registrar register a title that has as its object a property whose area and/or boundaries differ from those defined in previous registrations of the property, or accede to a request for rectification of the same. Could the Registrar provide a solution to this situation through qualification of the registration? Does legitimization extend to the identification of the property? Faced with such questions, our working hypothesis is that the Real Estate Registrar can and should be the main architect of coordination between the physical reality and its representation, since title, registration and survey (if one exists) are the means by which the reality outside the register is represented. Whenever a registration is intended, the Registrar must assess the legality of the instrument through qualification of the registration, because in a constitutive registration system, such as exists in Chile, in every circumstance, even simple description of the property, the Registrar must verify that the legally established requirements are met, including the identification, location and delimitation of the property