Procedures and Services

• Promotional Writ of Appeal with the stamp of $ 5.00 MN and as many copies as counterparts, stating the date of submission and who receives it.
• Registry File of the deceased owner, or those of the parties when it comes to usufructuaries.
• Proof of summons to the parties, deliver a copy to each one giving a term of 20 days for them to answer.
• The answer writing must have the stamp of $ 5.00 MN.
• New verifications and investigations carried out, which must include the practice of the tests proposed by each of the parties.
• Criterion of the President of the CCS and the Board of Directors regarding the appeal.
• Criterion of the President of the municipal ANAP on the appeal.
• If there is a contradiction between the criteria issued by the Municipal Delegate for Agriculture and the President of ANAP at that level, submit to the consideration of the Municipal Commission for Agrarian Affairs and incorporate a copy of the Minutes into the file, they must attend the meeting the discordant parts.
• Foliate the new documents chronologically, incorporate and index them, updating the procedure sheet.
• Legal opinion on the Resource, which must be approved by the Director or Head of the Municipal Department of Land Control and the Head of the Legal Department.
• Criterion of the Municipal Delegate for Agriculture addressed to the Minister, containing elements that make it possible to make a concrete proposal on the ruling to be issued.
• When it is a refusal to hand over land in usufruct, authorization must also be requested to join a Credit and Services Cooperative, stating the causes.
• When a resolution is issued declaring a place, the Municipal Delegate is ordered to issue a new resolution, handing over the land.
   o Cases have been presented in which the productions to which the land is dedicated are modified and for this the Municipal Delegate, as the case may be, must issue a new resolution authorizing the change, taking into account that the land has already been delivered and is comply with the provisions of article 11 of Decree 304/12, it is not necessary to make a new application process; in other cases, a change of relationship is requested, since the production unit cannot continue to serve the usufructuary for various reasons, in this case it is not necessary to issue a new resolution, as it is not contained in article 11 mentioned above and therefore , It will be done by supplementing the usufruct contract requesting authorization from the Minister when it is for a Credit and Services Cooperative.
   o When the Minister of Agriculture issues a resolution in a review or appeal procedure, it is mandatory, even if the land has been handed over to another person, he must leave the land immediately, since there is no possibility of claiming In the administrative or judicial way against the dictated resolution, an inventory and appraisal must be made, proceeding to the payment of the resulting value to the outgoing usufructuary.
   o When a usufructuary dies and a family member or another person is working the land, a fine should not be imposed or an illegal occupant declared, what should be done is to expeditiously process the file to continue agricultural and forestry production.
   o Prior to the request for a declaration of public utility and social interest as a cause to extinguish a usufruct partially or totally, it is an essential requirement that the exchanges with the usufructuary have been exhausted, so that the waiver is presented and another process of delivery of land, the Minister must present cases in which there is no agreement between the individual and the administration as established by article 425 of the Law on Civil, Administrative, Labor and Economic Procedure, must take into account that the abandonment of the land it is when the benefactions are paid.
• Resolution issued by the Minister of Agriculture.
• Notification to all parties.
• Proof of payment at ONAT.
• Registration Act.

If a Small Farmer, owner or usufructuary of a rustic farm dies, those family members with a subsidiary degree, who consider themselves entitled to be recognized heirs as established by Decree-Law No. 125/91, must appear within 90 days after death to claim their possible rights and a File is prepared that must contain the following documents:

   • Affidavit, with a stamp of $ 5.00 MN, declaring the existence or not of other possible heirs and their address.
   • Death certificate of the deceased.
   • Birth certificate of all possible heirs, those registered in their own right are not admitted, or their data does not coincide with that of the deceased.
   • Marriage certificate issued by the Registry of Civil Status.
   • Appraisal and inventory of the land, agricultural goods, and benefactions issued by the person in charge of this process.
   • Certificate on soil category.
   • Criterion of the Director of the agricultural company or legal person on the process if necessary.
   • Cadastre Certificate.
   • Criteria of the President of the Municipal ANAP.
   • Bank certification of possible debts.
   • Criterion of the Board of Directors of the CCS.
   • Legal Opinion of the Municipal Director of Land Control and the Head of the Legal Department.
   • If there is a contradiction between the agrarian authorities, submit the case to the consideration of the Municipal Commission for Agrarian Affairs and incorporate the Record into the File, with all the analyzes carried out, and the discordant parties cannot be absent.
   • Results of the investigations carried out.
   • Statement of witnesses made before a public official.
   • Proof of communication of the process to all the presumed heirs, who, when presented in writing, will accompany a stamp of $ 5.00 MN.
   • Criteria of the Delegate or the Director of Agriculture in the Municipality.
   • The representations will be by contract of the Services of the Collective Firm, the consultants will present the resolution of the Minister of Justice that authorizes it.
   • Resolution of the Municipal Delegate of the Ministry of Agriculture, no request will be admitted on the part of a co-owner who is alive, nor will any pronouncement be made on it, unless this condition is ratified.
   • Proof of notification to all parties (who notifies, the date and name of the notified).
   • The Registry File must be foliated, indexed, bartacked and also have the procedure sheet updated.
   • Proof of payment at ONAT.
   • Registration Act.
   • When the usufructuary dies, the inheritance adjudication file of the agricultural property that was owned and in the possession of the deceased is prepared, which will be awarded to the person who meets the requirements established in article 18 of Decree-Law No. 125 / 91, if there are no heirs with the right to inherit, they are transferred to the state patrimony.

The usufructuary who receives the agricultural goods will be obliged to indemnify the proportional value that would correspond to the one who does not receive the land in usufruct and meets the requirements of said article 18.

• Promotion Brief with the stamp of $ 5.00 MN.
• Registry File.
• If represented, will incorporate a copy of the Legal Services Contract.
• Death certificate of the deceased.
• Marriage Certification.
• Birth Certificate of all possible heirs.
• Incorporate the investigations and verifications carried out on working time on land.
• Criteria of the president of the CCS and the Board of Directors.
• Incorporate inventory and valuation.
• Certification of possible debts with the Bank.
• Criterion of ANAP Presidents at the national, provincial and municipal levels.
• Incorporate Legal Opinion signed by the Director or Head of the Municipal Department of Land Control and the Head of the Legal Department.
• If there is a contradiction between the President of ANAP and the Municipal Delegate, submit it to the consideration of the Municipal Agrarian Commission, incorporating a copy of the Minutes where the case was analyzed.
• Criterion of the Municipal Delegate or Director and the President of ANAP at the same level, addressed to the Minister, where they request the award on an exceptional basis.
• Clip, foliate and index the File and update the procedure sheet.
• Resolution issued by the Minister.
• Notification to all parties.
• Payment at ONAT.
• Registration Act.

• Request for permutant parties with a stamp of $ 20.00 each.
• Record of the land of both parties.
• The Directors of the Companies must prove the state interest in the exchange, that is, what the State benefits from authorizing said act, both the one that receives and the one that delivers the land.
• Criteria of the Presidents of ANAP at the municipal level of both territories and of the President of ANAP at the national level.
• I certify the bank about possible debts.
• Legal Opinion issued by the Director or Head of the Municipal Department of Land Control and the Head of the Legal Department.
• Appraisal and Inventory of the land and the benefits incorporated into it.
• Criteria of the Provincial Delegates or Directors of Agriculture in both territories, when the exchange is between provinces. In the case of barter within the same province, the same documents are requested, but at the municipal level and the criteria of the President of ANAP at the municipal level.
• Clip, foliate and index the file by updating the procedure sheet.
• Resolution authorizing the exchange.
• Notification to the parties.
• Payment of the corresponding tax.
• Registration Act.

Procedures for swaps.

The small farmer who requests to swap with areas of the State, submits his request to the Municipal Director of Land Control, accompanying the letter from the Director of the Company that agrees to deliver the land, the other certification actions, issuance of criteria, investigations and others, will be in charge of the territory where it resides, giving transfer of the registry file to the superior instance so that it can be completed in the other territory, being the Municipal Delegate, who concludes the process or submits it to the Minister of Agriculture, acting It will be similar when carried out among small farmers.