Prevalence of Cadastre over the Real Estate Registry to Fix Miscalculations in the Registry

Abstract

Cadastre, understood as the compilation of al cadastral maps within the territory of this country, is especially important for registration of real estate, because it allows to solve discrepancias between the information in the registry and the real dimensions of land, harmonizing the physical reality with the legal truth. However, in practice it has been difficult to apply the cadastral system, because there are few municipalities declared as cadastral zones in Peru, therefore it has not been posible to integrate the “sistema nacional integrado de información catastral predial (SNCP)” with the real estate registry, and the role of cadastre has been limited to rectifying the area of land through corrective proccesses. On the other hand, whenever the discrepancies between cadastral information and the registry exist within the tolerated limits, cadastre should prevail, through a title produced by a cadastre generating entity and without affecting the rights over surrounding lands.