Es necesario que los actos de amojonamiento y deslinde puedan ser autorizados por el notario tanto en el sector urbano como rural

Abstract

The Notarial Law in its Art 18, numeral 21 establishes as an attribution of the Notary, the authorization of acts of demarcation and delineation in rural areas, that if it is required from the parties, and always when agreement occurs, aim the restoring of boundaries that may have been obscured. The need for demarcation and delimitation of properties not only exists in rural areas but also in urban areas, for this reason should also be considered an agreement of the parties, therefore well be granted the demarcation and delimitation in the urban sector, as there no difference between the properties. This rule also undermines the principle of equality of persons and non-discrimination, since there is no sense to authorize demarcation and delineation only in the rural sector and not in the urban sector; the legal nature of the rule can not obey territorial constituencies as if they were acts of jurisdiction. Hence Notaries should authorize acts of demarcation and delimitation in both urban and rural areas.