ILN: BUYING AND SELLING REAL ESTATE - AN INTERNATIONAL GUIDE

[BUYING & SELLING REAL ESTATE IN COLOMBIA] 77

transference chain of the property, the last twenty years, or the last ten years. However, such acts that are part of the titles chain referring to encumbrances and property limitations, which have not been duly cancelled or those that reveal some inconsistencies under the certificate, must be revised in detail. Some other documents are revised under this part of the due diligence process. For instance, proof of payment of property taxes at least of the last five years, its cadastral certificate to verify and compare the information of the property based on the information managed by the public entities. b. Urban or Land Use Analysis: An urban or land use analysis pretends to verify, according to the applicable urban law, which kind of constructions can be built on the real estate property or which limitations are imposed over the property in relation to its development or use destination. If this analysis is performed over a property that has already a building, it will determine if the construction complies with the planning regulations applicable at the time of its construction and if the building can have its current or intended destination. Some of the documents revised in this due diligence are the construction permits and all the urban licenses and urban legal documents of the property, as well as its specific applicable regulations. 3. Forms of Ownership in Colombia: In Colombia, the ownership is the legal right of a person to use, enjoy and dispose over a thing (including real estate properties), without violating the law or the rights of other

people. Nevertheless, there are some special forms of ownership in Colombia that are relevant to mention herein. a. Fiduciary Trust Property: A fiduciary trust is a legal vehicle whereby a settlor transfers the property to a trustee in exchange for fiduciary rights. Usually, but not always, the settlor is at the same time the beneficiary of the Trust. This legal vehicle is usually used for the development of construction projects, but it can also be used as a form of simple ownership. Trust property simplifies the transfer of real estate assets, as the seller is able to assign his fiduciary rights to the buyer by a private agreement, without granting a public deed. It also represents a guarantee for real estate transactions, as the trust property is managed by a trust company that must fulfill fiduciary obligations. b. Real Estate Investment Funds and Private Equity Funds: A real estate investment fund is a legal and financial vehicle (mutual fund) which mainly invest in real estate properties, in order to generate long-term income and asset valuation which become financial returns for its investors. The real estate investment funds are managed by professional ant its investors have their investment represented in participation titles of the fund. The real estate investment funds are highly regulated by the Colombian financial authorities. c. Condominium Regime: There is a special ownership type called Condominium Regime ( Regimen de propiedad horizontal ) in which exclusive property rights over private property and

ILN Real Estate Group – Buying and Selling Real Estate Series

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