Acquisition and acquisition procedures for real estate surveys

The fact that the official bonds established for real property are not public owing to the proliferation and complexity of laws governing real estate in Algeria, Due to the Algerian legislature's intention to establish special controls and conditions aimed at regulating and administering the real estate field and safeguarding real estate rights in kind which has led to an attempt to create alternative solutions to ensure that real property is legally established and protected, For properties whose owners have no title, both the acquisition certificate, the cadastral survey, and the real estate investigation are effective mechanisms for cleansing ownership and giving to each right.

I compiled the legal texts I could in one comprehensive and exhaustive publication, which may be a reference and guide for specialists.

-Credit of possession
Possession was established under the provisions of the Algerian Civil Code, in particular articles 808 to 843. The certificate of possession is mentioned in article 39 of Act No. 90/25, which contains the Land Directive. However, it is not defined at the level of the Act's provisions.

By reference to legal definitions, we find that the certificate of possession is an administrative document or a bond prepared by the President of the Municipal People's Assembly in favor of a natural person who has acquired for one year an unregistered property and who has not been subject to the land survey process.

The acquisition certificate, although subject to the registration process and the real estate month, does not amount to the provisional strength of the title because it is non-transferable. The holder is not entitled to sell the property on the property, its gift, or its waiver, but it is used to register the property for the first time in the land registry. It also gives the holder the right to obtain a building permit or a bank loan.

- Editing and delivery procedures
• Receipt of the certificate of possession after the deposit of the application file at the municipal level, to be studied and then edited and registered with the competent interests (real estate agencies).

According to article 6 of Decree No. 91/254 of 27/07/1991 on the preparation and delivery of a certificate of possession.

• The application must be in the form of a petition containing all user data on the nature, strength, area, and status of the property in possession, as well as the identity of the holder and, where necessary, showing the rights and burdens that the property may have with the appointment of the beneficiaries.

In addition, the petition must be accompanied by an honorary declaration in the form specified in the same decree, which shall include the following:

- precise assignment of the property,

- The petitioner's complete identity and signature ratified;

- Two witnesses to prove that the petitioner exercises possession in good faith, indicating his tenure duration;

- The student's civil status certificate;

- a scheme outlining the boundaries and status of the part concerned;

- Any document or bond the student wants to make.

According to article 39 of the Land Directive Act and its Executive Decree, the power to prepare and edit the certificate of possession of the President of the Municipal People's Assembly was intended to safeguard the interests of the State and its local communities.

• After depositing the certificate application file,

- Register at the level of the acquisition certificate's interest and number a page with a page;

- Indicate it and deliver a receipt to the student confirming the date and number of the deposit

- The application shall be published using a declaration affixed to the municipality's headquarters and public places for one month.

- It is published in a national daily newspaper, at the applicant's expense, to enable the general public to access the application and submit objections within the period specified in the Declaration.

• The President of the Municipal People's Council shall submit a request to the State Director of State Property or the Director of Regional Inspectorates for 15 days following the filing of the file in the municipal registry to ascertain whether the property does not belong to the national property;

Any objection from private or national property interests directly refers the parties to the judiciary because of the lack of competence of the Chairman of the Municipal People's Assembly to consider the objections.

• The President of the Municipal People's Assembly shall issue a certificate of possession within 8 days following the end of the period of objection if the competent persons have not received any objection, by the form attached to the aforementioned decree, and thereafter shall be handed over to the person concerned after being subject to the registration and month procedures.

- Registration and month of possession certificate
• According to article 15 of Executive Decree 91/254, a certificate of possession shall be issued only if it is subject to registration and monthly procedures.

• The certificate of possession is registered by the Registration and Nature Authority of the Tax Inspectorate to collect taxes for the benefit of the public treasury.

Thereafter, the certificate shall be deposited in two copies, at the level of the regionally competent real estate governorate, To be inspected, and registered in the deposit register by the real estate portfolio, Which has to verify the identity of the persons and accurately identify the property to verify the authenticity of the information contained in the certificate and to monitor all legally required procedures; If there is a decrease, he has to complete the incomplete procedure, The certificate is then provisionally registered in a 15-day interim deposit and then marks.

• By articles 113 and 114 of Decree No. 75/63 of 25/03/1976, the Governor of Real Estate is required to prepare the collection of real estate cards containing the acquisition certificate.

• After the certificate of possession has been registered and made public, it is official and facilitates several activities for the holder, particularly those related to rural construction supported by the State.

• The acquisition certificate was only an interim solution, pending completion of the general survey process and replacement with the real estate book.

- Cadastral Survey
• The land survey process was established under the 75/74 Ordinance of 12/11/1975 on General Land Surveying and the Establishment of the Land Registry. However, Algerian legislation did not address its definition but merely stated in article 2 of the same law: "The general land survey defines the natural scope of real estate and provides a material basis for the land registry."

• Through this article, the legislator focuses on the objectives leading to the screening of various real estate properties and the establishment of the so-called land registry. If we look for the doctrinal definition of the survey process, we find that it is intended to:

A technical process is undertaken by the competent administrative authorities to ascertain the legal status of real estate of all kinds and the resulting rights.

To achieve the objectives of the survey process, the Algerian legislature has singled out a legal system. The public authorities have also allocated huge costs and equipment to them, to implement several procedures until the establishment of the Land Registry, from the deposit of the survey documents with the real estate governorate.

- Objectives of the General Land Survey
• The General Land Survey is designed to prepare a real estate bank whereby the public authority will be able to derive financial revenues and revenues for the State treasury as a result of real estate taxes paid by landowners of its kind (public or private), its area, as well as the owner's identity.

It also aims to regulate real estate and real estate transactions as a result of the cleansing of the property after public agents carry out field inspections of real estate.

• Access various documents relating to the inspected property to empty the content of these processes into official records and documents.

• By this regulation, the cadastral survey process has achieved the legal protection of the owner himself by identifying the legal status of his property and handing him over her real estate book, which is the firm argument.

• Thus, each owner is forced to respect the limits of his or her ownership, and not to attack the property of others. If the assault is established and the dispute is referred to the civil judge or the real estate judge by their respective jurisdiction, Thanks to the general land survey, the real estate expert assigned by the Tribunal can carry out his task of accessing the documents of the parties to the dispute. and liaise with the departments concerned, given their accuracy and formality, thus clarifying matters before the judiciary and achieving justice for each party.

- General land survey procedures
Under Executive Decree No. 89/234 of 19/12/1989 establishing a National Land Survey Agency (7), the burden on the central authority represented in the Ministry of Finance has been alleviated, and the general survey process has been assigned to an independent administrative institution called the "National Land Survey Agency (8)", by several procedures.

• The process begins with the decision to declare the Wali of the mandate after a proposal by the State Director of the Survey and published in the Official Gazette as well as the national daily newspapers, and communicated to the President of the Department in question and the President of the Municipal People's Assembly (9) and then published for at least a month in the public panels to inform them of the procedure before it begins, To facilitate actions, citizens should be sensitized to the importance of surveying at all levels using various means of publicity from radio and posters within 15 days before the operation's opening (10).

Once the process is announced, the committee that will conduct the procedure, consisting of a judge of the court whose competence is located in the respective municipal jurisdiction as President, Chairman of the Municipal People's Assembly, Representative of the State Property Administration, Representative of the Reconstruction Authority, Real Estate Governor, Representative of the Ministry of Defense, Engineer or Real Estate Expert, Docum, Representative of the and State Director of the Survey.

• The Committee shall meet at the invitation of its Chairman and shall take decisions by a majority vote. In the event of a tie, the President's vote shall prevail. The work shall then proceed by collecting all necessary documents, ascertaining the boundaries, and reconciling the disputing parties, at the field level and the level of competing interests.

• The procedure ends with the submission of documents derived from contracts, decisions, schemes, and data, to the State Property and Real Estate Conservation Departments for registration in the Real Estate Cards Group and the establishment of the Land Registry.

The cadastral survey process, with all its objectives, exorbitant costs, and precise procedures, certainly results in the organization of the property in all areas and the formalization of its documentation to establish evidence, in particular the cadastral book based on the collections of real estate cards and the general land survey.

- Real Estate Investigation
The Algerian legislature's approval of the real estate investigation mechanism was intended to expedite the clearance of real property and to enable its owners to acquire a valid title that would establish their own and protect their rights. The land survey process was slow and the legal status of real estate declarations was unclear. Several investment projects requiring the financing of a mortgage loan, which was based on valid real property bonds, were hampered.

For this purpose, Act No. 07/02 of 27/02/2007 establishing a procedure for the inspection of real property rights (12) was promulgated to deliver valid real property titles after the land investigation.

• What is the area of application of Law 07/02? What are the procedures for establishing real estate ownership?

Law 07/02
• Reference is made to article 02 of Law 07/02 as well as article 02 of its Executive Decree No. 08/147 of 19/05/2008 on real estate investigation and delivery of title deeds (13), it applies without discrimination to any property that has not been subject to the general land survey process, stipulated in the 75/74 Order of 12/11/1975 property, regardless of its legal category and physical nature, includes properties that were not the subject of title or for which titles were prepared before the opening of March 1961. s development ", which has lost its modernity in the sense that it no longer reflects the current real estate situation.

Article 02 of the Real Estate Investigation Act requires us to stand there for analysis and clarification, in comparison with the laws governing the real estate system. Algerian legislator has adopted the system of the in-kind month through Order 75/74 building on the general survey as a mechanism for determining the physical strength of the land registry, Owing to the disruption of the field survey process, a large portion of the properties remained unwebbed This law replaced the contract of fame. and abolished by article 24 of Executive Decree No. 08/147, Thus, the area of implementation of the law mentioned above is focused on non-surveyed real estate, regardless of its legal category and physical nature. and by returning to Law 90/25 containing the Land Directive, in particular article 23 thereof, Property of all kinds has been classified as national property, private property, or endowment property.

This classification may be confused with any person who reads the body of this article. However, article 03 of the same Act answers this question, explicitly stating that the provisions of this Act do not apply to national real property and land designated as the throne of the throne (14), and are also excluded from its scope of application.

• From the foregoing, the area of application of this law is private land. as this article is ambiguous contrary to article 01 of the 83/352 Decree containing the contract of fame, The nature of the lands has defined the place of fame contract, which is private land of the King's kind, As for physical nature, it means physical strength, whether bare or built land, peasant, urban, etc.

• About properties for which pre-fair title deeds had been prepared from March 1961, which had lost their modernity in the sense that they no longer reflected the current status of real estate. The question arises as to the inclusion of such properties in the procedure introduced, even though it is intended to deliver title deeds to holders without title deeds.

Quite simply, the month was not compulsory in the colonial period, It was left to the will of the parties, especially the fixed customary bonds, dated before 01/03/1961 The date of introduction of the new real estate month repair system, and what should be noted is that these bonds are current property ", does not reflect the in-kind status of the real estate of which it is the subject. The in-kind and legal designation of the property it has established has become more difficult because of communism as well as hidden division, making it inaccurate at present.

- Real Estate Inspection Procedures through Real Estate Investigation
• Reference to the provisions of Law 07/02 and Executive Decree 08/147 on the conduct of the inspection of real property rights and the delivery of bonds thereon; The real estate investigation process begins with a request to open a real estate investigation to the regionally competent real estate conservation manager. by a person who does not possess title or a person who has title dated before 01/03/1961 to examine real property rights, other real property rights in kind, and burdened burdens thereon, If any with space identification, boundary markings, physical content identification and property representation in a chart by an engineer or real estate expert.

• The application may be made individually at any time or in a collective form in the context of the completion of rural or urban land construction or development programs, in which the name and surname, the father's name, the date and place of birth, nationality, occupation and the applicant's address, and the character of the applicant acting either as a holder, individual owner or owner of the Communism.

Copies of the application shall be sent to the relevant chairpersons of the people's councils and to the state directors charged with surveying land, State property, taxes, endowments, construction, reconstruction, and peasant interests for attachment.

• Name, surname, and name of the applicant's father or applicants with the designation of the properties concerned.

• The rapporteur shall be sent to the President of the Municipal People's Council concerned, to attach him to the headquarters of his municipality for 15 days before the date on which the investigator moves to the place.

In the case of a collective land investigation process, the decision to open the investigation, together with the references to Wali's decision, sets out the elements of information codified in the decision to open the investigation mentioned in article 07 of the same decree (16).

The real estate investigator shall issue a provisional report of the real estate investigation within a maximum of 15 days after the pasting for 30 days at the municipal headquarters of the property site within a maximum of 08 days after the date of its liberation to be brought to the public's attention to make protests or any possible objections, Within 30 days after eight days from the beginning of the interim transcript by article 12 of Decree No. 08/147

• If there is no protest or objection, the real estate investigator shall make a final record of the results of his real estate investigation. Thus, at the expense of the applicant or the person in charge of setting the boundaries of the property, The record of milestone placement also signed by the real estate investigator is prepared, and then complete the topographic scheme with a reference to the boundary markers and the real estate unit number, and then hand it over to the real estate investigator.

After a positive investigation that requires the absence of objections, or the rejection of objections with the continuation of the investigation, we arrive at the final numbering referred to in article 13 of this Law, which means the inspection of the holder's real property by recognizing the title based on the statute of limitations as defined in the concept of article 827 of the Civil Code.

• In this case, both the State Director of Real Estate Conservation and the Real Estate Governor intervene within the limits of their competence to carry out the real estate and monthly numbering operations and to prepare and hand over the bond to the meaning, after having been subject to the procedure of registration and the month since it will be considered as the basis for the first numbering of the land registry.