Análisis de los procesos de pertenencia iniciados en 2019 en la Localidad Rafael Uribe Uribe, su impacto catastral, social y económico como estrategia de la formalización de la propiedad raíz en el marco del catastro multipropósito en Colombia.

Abstract

Currently in Colombia there is great misinformation about the ownership processes that are carried out to regulate the ownership of real estate. The lack of knowledge is so wide that the professionals in charge of carrying out said work frequently require that the National Government, through the periodic updating of norms and decrees, detail exactly the guidelines to be followed, many times changing the assignment of the entities to carry out these processes, this generates even more misinformation and aggravates the problem. In addition, it is of special interest to determine how these procedures are articulated with the National Government's proposal to implement the Multipurpose Cadastre in the country, in order to significantly reduce internal conflicts over property rights, giving opportunity to families of return to rural areas and promote agricultural production and in general, close the social, economic and political gap between inhabitants of rural and urban areas. The processes of belonging in Colombia are one of the main methods to acquire ownership and legal domain over real estate, however, there are multiple processes and each of them requires compliance with minimum requirements, these requirements are similar and only depend on the type of process, although they may vary causing people to attach more documents than required or worse still, not to attach the minimum documents necessary for the process to be carried out satisfactorily; For this reason, this work will address each process of ownership with its characteristics and the direct relationship that exists between ownership and land use, in order to explain from an engineering point of view and in a practical way the correct way to carry each process, this will serve as support in making judicial decisions that determine the ownership and legal ownership of the real estate. On the other hand, in the development of the document, the current laws, decrees and regulations that govern each process will be explained, since said regulations frequently present changes, generating confusion among people who can later process processes in the wrong way. In addition, the government entities that accompany these processes also suffer trauma, due to political and technical decisions that generate changes in the requirement of the minimum requirements and in the way in which the calls are made, as a consequence it can generate even more uncertainty among people. that develop the entire procedure. The implementation of the Multipurpose Cadastre in the country is increasingly evident, for this reason, the importance of membership processes as a way of contributing to the consolidation of the Multipurpose Cadastre and the way in which they contribute to the updating process will also be explained. cadastral of the country. This will be reflected in one of the goals set by the National Government, which consist of updating the national cadastre by 70% by the year 2022, (GOBIERNO NACIONAL Y FARC-EP, 2016); and complemented by means of CONPES 3958 of 2019, which dictate a roadmap that allows to better implement the country's social and economic policies to the current National Development Plan, carrying out a prior diagnosis, determining the weak factors of inefficiency when implement related public policies, identifying how the problems associated with these factors can be corrected, setting the main challenges to be met, defining clear and achievable general and specific objectives, projecting an action and follow-up plan, as well as the way in which they will be financed the projects destined to these policies and finally the projected results, which in this case the projection will be until the year 2025; However, this CONPES focuses mainly on the cadastral formation of the municipalities that still do not have cadastral information, the interrelation between cadastral entities and the National Public Instruments Registry Offices, finally suggests in a general way how to keep the information updated raised in the different programs and projects executed, which are duly defined by the objectives described in CONPES 3958/2019, which promotes the maintenance of updated cadastres (National Council for Economic and Social Policy, Republic of Colombia, & National Department of Planning, 2019). The informality and illegality of land tenure in Colombia is one of the main problems that the country has had since the beginning of its history, “according to figures from the National Planning Department (DNP), only six percent (6%) of the municipalities have a formality in more than seventy-five percent (75%) of their properties, a scourge that prevents owners from accrediting full ownership over their land (Semana Rural, 2019) ”and according to the world bank, the Sixty percent (60%) of rural land does not have formalized rural property rights (Molendijk, et al., 2018). The outlook in urban areas is more favorable but not as expected, since according to data from the National Administrative Department of Statistics (DANE), it is estimated “that between 2001 and 2010 in Bogotá 32'665,575 new m2 were started only for the use of housing. Of these, 65% have been built in neighborhoods of informal origin (whether legalized or not legalized settlements); Of the 38,000 hectares of urbanized area in Bogotá, 8,036 hectares have been generated illegally, which corresponds to about 21% of the urban area of ​​the district. (Camargo Sierra & Hurtado Tarazona, 2013) ”; In the other cities of the country, this situation does not improve, because the socio-economic dynamics are different and suggest that the figures for informality and illegality in the possession of real property increase. In Bogotá it is calculated that of the 2,697,440 households that inhabit the city, only 40% have a fully paid home, that is, around 1,090,325 households, 9.6% or 257,992 households are paying for their housing, 44.7% or 1,204,781 households have a dwelling under lease or sublease, 3% or 81,943 households have a dwelling by usufruct and finally 2.3% or 62,399 households have a dwelling under the ownership modality. In the case of the town of Rafael Uribe Uribe, it is estimated that it has a total of 114,962 households, of which 33.5% or 38,464 households have their own home, 6.6% or 7,577 are paying for their home, 51.5% or 59,253 households rent or sublet a home, 4.9% or 5,645 households have a home under the usufruct modality and only 3.5% or 4,024 households live under the modality of possession or tenure of the home (Bogotá Planning Department DC, 2020). The different forms of ownership, possession or occupation of real estate, can cause serious social and economic dangers in the communities, for this reason it is essential to solve the problem of land tenure, although in comparison with other localities, the number of households it is low in percentage, if it can be considered as one of the main problems of the population that lives there. That is why the town carries out these land titling programs in order to help resolve negative aspects that cause this form of tenure, with the aim of contributing to the correct manipulation of information between state entities. Finally, the population that makes use of the membership processes will be characterized, taking into account variables such as their social, economic and geographical situation, this will allow analyzing the different scenarios, causes and consequences in the economic and social development of the sectors, with in order to keep track of the demands for each membership process made.