DO YOU KNOW HOW TO DEFEND YOUR REAL ESTATE POSSESSION?

• Posted by watershop bd November 27, 2021 - Filed in Arts & Culture - #real estate agent in edmondson park  - 931 views

  In a country with territories as wide as ours, many times the authority does not have a presence to enforce the law or it simply does not exist or arrives late, the figure of extrajudicial defense of possession becomes inevitable, which is basically the use of force to repel interference with our properties, which, as will be described in the following article, tries to protect the possession and interest of the community.

  

  Next we will see the modification to article 920 published on July 12, 2014, referring to EXTRAJUDICIAL POSSESSION DEFENSE. For a better detail, we will present a comparative table and we will make the comments that we believe are significant for the optimal understanding of this topic so relevant in the real estate world.

  In summary, the most remarkable thing about this modification is that the possessor has 15 days to exercise the extrajudicial defense since he becomes aware of the dispossession. In addition, the owner of a property that does not have a building or that is in process can also invoke the extrajudicial defense of possession in the event that the property is being occupied by a precarious possessor. Finally, in no case does the possessory defense against the owner of a property proceed, unless the prescription has operated. real estate agent in edmondson park

   

  ORIGINAL ARTICLE CURRENT ARTICLE

  The possessor can repel the force used against him and regain the good, without a time interval, if he were dispossessed, but in both cases he must abstain from de facto means not justified by the circumstances. The possessor can repel the force used against him or the good and regain it, if he is dispossessed. The action is carried out within fifteen (15) days after you become aware of the dispossession. In any case, you must refrain from de facto means not justified by the circumstances.

  The owner of a property that does not have a building or it is in said process, can also invoke the defense indicated in the previous paragraph in the event that his property was occupied by a precarious owner.

  In no case does the possessory defense proceed if the precarious possessor has usufruct the property as owner for at least ten (10) years.

   

  The National Police of Peru as well as the respective Municipalities, within the framework of their powers provided for in the Organic Law of Municipalities, must provide the necessary support in order to guarantee strict compliance with this article, under responsibility.

   

  In no case does the possessory defense against the owner of a property proceed, unless the prescription, regulated in article 950 of this Code, has operated. visit
  
  

  We can see that the new text of Article 920 is completely different from the original, quite a few details are added and we also find some contradictions. We can see the following changes below:

  The most noticeable is the change in the time that the person who owns the property has to exercise extrajudicial defense. In the original article there was no time interval to do so, but in the current article it has been stipulated that the possessor has 15 days to exercise it, this means that in that period of time he has to repel the force that he wants to use against the good that he owns or against him so that he is not dispossessed of the good.

  It is observed that in this new Article the term is not counted from the moment in which the property is dispossessed, but when KNOWLEDGE OF IT is TAKEN, according to the new text of this standard. In short, the term could be longer than those fifteen days, since the moment of dispossession and the moment in which one becomes aware do not necessarily have to coincide.

  Another notorious change is that it IS SPECIFIED that the owner of a property that does not have a building or that it is in process can also invoke the extrajudicial possession defense indicated in the rule in its first paragraph in case the property is being occupied by a precarious possessor.

  An observation that we made was that it is mentioned in the second paragraph: "In no case does the possession defense proceed if the precarious owner has usufruct the property as owner for at least ten (10) years". This is a contradiction since if the owner has used the asset for 10 years, then the term indicated in the standard (15 days) would have long expired.

  Another point to highlight is that both the National Police of Peru and the respective Municipalities must guarantee strict compliance with this article, providing the necessary support for this purpose, under responsibility.

  In the last paragraph it is mentioned that in no case does the possessory defense against the owner of a property, unless the prescription has operated; However, we believe that it would proceed when the owner, without any right or reason, removes the person who has title to exercise it from possession, as in the case of a tenant.

  As a final comment, the possessor at the time of carrying out the extrajudicial defense must act wisely and the advisable measure according to how the dispossession occurs, remember that if it is intended to protect the possession through the use of weapons, the other party will also do it and that would trigger in something greater than an unarmed defense of possession. Extrajudicial private defense has been adapted to the Peruvian reality as a tool to defend possession.