Article 62 of the Portuguese Constitution states that “Everyone is guaranteed the right to private property and its transmission in life or death, under the Constitution”.
Property in Portugal has a particular importance taking into account properties mains aspects: the land use and the possibility of transmission.
These two aspects regarding property rights led to the need to define precisely the limits of each property.
Since the 70s that are known constraints and problems of not updating information, particularly in the municipality of Loulé, Algarve.
The collection of registration data in Loulé county is an ongoing process that should be extended until December, 2014.
According to Infraquinta online information (http://www.infraquinta.pt) “The Municipality of Loulé was selected by the Portuguese State for this initial ‘test’ phase of the Land Registration project for the implementation of the Sistema Nacional de Exploração e Gestão de Informação Cadastral (SiNErGIC) [National System for Exploration and Management of Land Registration Information], organised by the General Directorate of Territorial Planning. Considering the importance of this instrument in territorial management, the council calls for the participation of everyone in demarcating their properties and the filling out of the respective declarations of ownership, according to the provided instructions and forms provided for that purpose”
Land registry update will safeguard the best interests of title holders for buildings located in the geographical area of the municipality of Loulé.
During these four decades some updating work has been done, but insufficient.
With this new initiative is expected to finally meet the road to fair delimitation of the property in the municipalities of the Algarve.
The defense of property boundaries can sometimes be hard to do if you do not prove with documents that such limits are correct.
A few years ago it was often said that “Portugal had registered more land area than the actual area of the country”.
Fernando Messias, head lawyer at Fernando Messias Law Office