Abstract

OCAMPO CORRE, María Clara. Jurisprudential positions on the determination of the legal status of rural well in process of belonging. rev.ces derecho [online]. 2016, vol.7, n.2, pp.126-144. ISSN 2145-7719.

In the processes of ownership of rural property, different points of view have been presented for the determination of the legal nature of the litigious goods. On the one hand, the Supreme Court of Colombia has recourse to the legal presumption of private good when it is owned together with economic exploitation under the terms of Act 200 of 1936, and if the economic exploitation is kept, the good can be acquired by prescription. On the other hand, the Constitutional Court of Colombia considers as a sign of State-owned land the lack of registered owners and that the fact that the demand is directed against undetermined persons. After the analysis of these points of view, we support the Supreme Court'osition based on the structure and mandatory nature of the legal presumptions.

Keywords : Adjudication of State-owned land; acquisitive prescription of ownership; processes of ownership of rural property; legal presumption; land registration.

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