The Judge and Evidence in Declaratory Proceedings for Ownership of Rural Property in Colombia
DOI:
https://doi.org/10.15517/5x2zxh05Keywords:
Judicial evidence, burden of proof, acquisitive prescription of ownership, declaratory action for ownership, public lands regime, comprehensive rural reform.Abstract
The Proceso Declarativo de Pertenencia is one of the most suitable mechanisms for the peaceful resolution of social disputes regarding rural property in Colombia. Through this procedure, the parties have the opportunity to present and sufficiently substantiate the legal facts that allow for establishing the rational truth regarding the property regime of the land in dispute.
However, time has revealed a divergence in the application of statutory presumptions used to determine the property regime of the lands in litigation. This situation has led to a proliferation of contradictory judicial rulings, undermining the principles of legal certainty and procedural equality; it has also enabled third parties, who are not beneficiaries of the National Agrarian Reform System programs, to acquire title to tracts of imprescriptible public lands, through acquisitive prescription, often in amounts that far exceed the allocation limits established by law.
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