We received the assignment to formalize the possession that our client had been exercising for more than four years over a property owned by the State of approximately 3,500 thousands of hectares, located in Ica, south of Lima. Thus, after conducting a technical legal study, it was determined that it was not possible to request the acquisition of the right of ownership over the property and that, therefore, the most appropriate strategy was to request the right of usufruct, with which the company could continue to use and exploit the property.
The particularity of this case is that the usufruct request filed before the National Superintendence of State Assets – SBN was declared inadmissible, under the argument that the land was not registered in the Public Registry and, therefore, the SBN could not grant the usufruct. However, and after conducting a real estate, procedural and regulatory analysis of a possible bureaucratic barrier, it was determined that the internal regulation of the SBN exceeded the national legal framework, which constituted a bureaucratic barrier. Thus, it was established that the actions to be taken would be to denounce the bureaucratic barrier before Indecopi and an administrative contentious action before the Judicial Courts, to obtain the granting of the usufruct in favour of San Fernando.
In this type of situations, it is key to make an analysis from different legal perspectives that allow us to have an adequate strategy for the best benefit of our clients, which we were able to achieve in this case. It is important to mention that there is no legal precedent for similar cases so this will be an emblematic and highly important precedent.
