News

The legal advice provided to a prominent rural housing developer has resulted in the successful delineation of undivided rights in a property located in La Libertad, a department in El Salvador known for its archaeological parks, beautiful beaches, and natural attractions.

The client, a prominent developer specializing in the construction of homes in rural areas, faced the challenge of acquiring property in a highly sought-after tourist location. Although they managed to acquire 98% of the land, the remaining 2% was owned by approximately twelve different proprietors. To resolve this complication, García & Bodán intervened in the management of the Delimitation of Undivided Rights process, in accordance with the applicable law.

The legal process, led by our Managing Partner, Oscar Torres, and our Associate, Rodrigo Benítez, involved a thorough land registry separation of the 98% of the property so that this portion could have its own registry number and identification. This procedure became a notable example of the application of the law, which, at the beginning of the process, was temporary and later became permanent.

One of the greatest challenges in the case was the coordination with various government entities, including the Attorney General’s Office and the Ministry of Environment and Natural Resources. The property, located near a road and the sea, required joint inspections to ensure the feasibility and acceptance of the process.

The team at García & Bodán implemented a comprehensive strategy to address these complexities, standing out for their innovation in applying the Special Law for the Delimitation of Undivided Rights. This experience not only facilitated the regularization of undivided land for the developer but also set a precedent for future similar cases, providing an efficient solution for the purchase and regularization of properties in areas with shared rights.

Rodrigo Benítez 
rodrigo.benitez@garciabodan.com
Associate
García & Bodán
El Salvador