ILN: BUYING AND SELLING REAL ESTATE - AN INTERNATIONAL GUIDE

[BUYING & SELLING REAL ESTATE IN COLOMBIA] 78

encumbrances to the ownership right. The aforesaid revision refers to those legal acts in relation to the property that are duly registered under the registration number of the property, which are reported under a no liens’ certificate ( certificado de tradición y libertad ). Such certificate should have an issuance date no longer than ten previous days and, in any case, before the execution of any agreement, a new one should be requested and revised to prevent new unknown registrations after the completion of the due diligence process. Depending on the criteria used by the legal expert in charge of the due diligence, the revision could refer to the registered acts of the property since the beginning of the 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, that 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 or legal documents of the property, as well as the specific regulations applicable to the property. 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 use for the development of construction projects, but it can also be used as a form of simple ownership. 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

ILN Real Estate Group – Buying and Selling Real Estate Series

Made with FlippingBook Online newsletter