Lote Urbano en Huarascucho, Yungay
Lote Urbano en Huarascucho, Yungay
Absence of antecedent registration may indicate initial administrative oversight or informal ownership transitions, complicating formal recognition processes. This absence necessitates the pre-inscription procedure to clarify and establish a recognized legal framework, allowing current possessor to claim statutory rights while revealing potential resolution pathways .
The software-generated results verify the plot's measurements and angular data derived manually. By inputting vertices' distances and angles into AutoCAD, consistent alignment with theoretical data underscores its regular polygon classification, affirming the premises for accurate geometric and legal documentation .
The front side, of length 7.55 m, exhibits a smaller internal angle of 83°57’16’’ compared to the left side (6.70 m) angle of 98°43’11’’. This suggests more constrained space at the front, influencing structures requiring specific orientation, possibly placing more substantial elements towards the larger-angled left side to optimize land use .
The land is defined by a polygonal shape formed by points P1, P2, P3, and P4. The properties include a front side (P1-P2) with a length of 7.55 meters and an internal angle of 83°57’16’’. The right side (P1-P4) is 7.13 meters with an angle of 92°37’18’’. The back (P4-P3) is 7.83 meters, making an angle of 84°42’16’’ at vertex P3, while the left side (P3-P2) measures 6.70 meters with an internal angle of 98°43’11’’ .
The zoning of the land as I-2 (elementary industry) according to the urban development plan of Yungay 2017-2026 influences the pre-inscription process by determining permissible land uses and potentially impacting the value and legal standing of the property for industrial purposes. Being designated as an industrial zone may streamline the approval as the zoning aligns with the intended use outlined in the pre-inscription .
Challenges include potential disputes over boundaries with neighboring properties due to precise angular and distance definitions which require accurate surveying. Discrepancies might arise if neighbors, like those adjacent to P3 or P4, contest historical boundary markers or disagree on plotted measurements .
Access through the central Huaraz-Caraz road, with the plot located 104 meters from the Matacoto intersection, suggests relatively easy logistical access. This proximity to main roads facilitates transportation of materials and access for construction activities, which is advantageous for development prospects .
Initially acquired through an imperfect deed by FLAVIA DOMITILA RUPAY, the land was orally bequeathed to DELFINA DAMINIANA PALMADERA MILLA, then donated in 2013 to MIGUEL PALMADERA CLIDER GLISERIO, who holds current possession. This unresolved registration issue with no historical cadastral records at SUNARP poses challenges for formal legal recognition but provides grounds for pre-inscription based on continuous, public possession .
The continuous, open possession since 1992 strengthens the claim for legal title recognition, supported by local law provisions dealing with adverse possession. Nonetheless, lacking historical registration complicates straightforward recognition, requiring legal proof of uninterrupted, public occupation to fulfill statutory requirements for prescription .
Designating the land for elementary industry (I-2) within the Yungay urban development schema likely enhances property value due to potential industrial demand. This value escalates further should infrastructure investments rise, as zoning aligned with industrial growth typically elevates desirability and market worth .