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Law No. 13/2017 of June 5 Special Regime for the Definition of the Ownership of Property - Chapter I in English

Fields in Oecusse, East Timor land law english translation warren l wright
Fields in Oecusse, East Timor
WARNING MACHINE TRANSLATION 

Law No. 13/2017 of June 5 Special Regime for the Definition of the Ownership of Property - Chapter I

CHAPTER I General provisions 

Article 1 Objects 

1. The present law establishes the special regime for the definition of ownership of real estate through recognition and attribution of the first property rights. 

2. The special regime for the definition of ownership purpose of real estate is to clarify the situation of legal representation of real estate, promote the ownership of property to citizens and ensure all to earth. 

3. The recognition and attribution of the first property rights have as guiding principles the respect for rights, the recognition of possession as a basis for the allocation of the right property and compensation in cases of duplicity of rights.

Article 2 Definitions

For the purposes of this law, the following definitions shall apply:

(a) "vesting" means the right of the user to the enjoyment of immovable property by means of payment of a forum, with possible right of recognized as such in the applicable law during the Portuguese administration;


b) "Immovable property" means the soil and everything that is permanently attached, buildings, in accordance with the provided for in the Civil Code;

c) "Declaration of ownership" means the act by which one or more persons, whether natural or legal,
declare the ownership of the right of property on an immovable property, with a view to formally recognized that right in the scope of the cadastral survey process;

d) "Declarant" means the natural or legal person, which has submitted a declaration of ownership of the right of ownership over a property, valid and timely, individually or in groups;

(e) "uncontested declarant" means the sole ownership of the right of ownership over the immovable property or the group of agreement as to the ownership of an immovable;

(f) "declarant in possession" means the declarant who find in the current possession of the property on the which declared the ownership of the respective right of property;

(g) "informal property rights" means the rights on immovable property arising in the light of
customary law and arising from durable, which have the characteristics of property rights;

h) "DNTPSC", the National Directorate of Lands, Cadastral Properties and Services Ministry of Justice or any other entity of the State that, according to the law, pursue its tasks;

(i) "vulnerable groups" means all persons whereas, because of questions relating to the
ethnicity, religion, provenance, condition social, gender, sexual orientation, age, physical or mental disability, is in a more likely to see their rights as citizens;

(j) "Hakguna-bangunan" means the right to build or temporarily maintaining a work on the ground recognized as such in the applicable law during the Indonesian administration;

(k) "Hakguna-usaha" shall mean the right to of the land of the State a certain period of time, recognized as such in the law applicable during the Indonesian administration;

(l) "Hakmilik" means the right to full and exclusive enjoyment of exclusive of the rights of use, enjoyment and disposition of real estate, recognized as applicable law during the administration of Indonesia;

m) "perfect ownership" means the right to enjoy full and exclusive use rights, enjoyment and disposal of immovable property, recognized as such in the law applicable during the Portuguese administration.


Article 3 Previous rights

1. For the purposes of this law, above:
a) The rights over real property, customary and arising from long-term possession, which the essential characteristics of the right of property, designated in this law as informal property rights;
b) The rights over real property granted by the Portuguese and Indonesian administrations in the territory of Timor-Leste, respectively, the right of perfect ownership and hakmilik, the hakgunabangunan and the hakguna-usaha.
2. For the purposes of this law, they are prior rights the informal property rights, the right of property and the hakmilik and are secondary rights, hakguna-bangunan and the hakguna-usaha.
3. The prior secondary rights of storage, whose expiry is after November 28 1975, are considered valid.

4. The secondary secondary rights of hakgunabangunan and hakguna-usaha, the expiry of which after 30 August 1999, shall be considered valid.
5. For the purposes of this law, the right to ownership of immovable property over which the prior secondary rights to which the refer to paragraphs 3 and 4 is only recognized when the holder is a Timorese citizen and maintains the current ownership of the property.
6. The right of ownership of immovable property over which impose prior secondary rightswhich do not satisfy the requirements laid down in previous number reverts to the State, except if special cannabis in favor of citizens without prejudice to the right to compensation to take place under the terms of this law.

Article 4 Equal rights
The right of ownership of immovable property is ensured on equal terms to men and women, and any form of discrimination in ownership, access, management, administration, enjoyment, transfer or disposal of these.

Article 5 Duty of respect of vulnerable groups
The entities responsible for the application of this are obliged to respect the groups of vulnerable groups and, for the take all the necessary measures to ensure the proper information, consultation and participation of these groups, in order to promote right to equality and non-discrimination.

Article 6 Ownership of property rights
1. They may only hold the right of property ownership:
a) Timorese citizens;
(b) national legal persons, in accordance with East Timor, consisting exclusively of national citizens and or whose capital is wholly and exclusively owned by national citizens;
(c) local communities with regard to the ownership of immovable property provided for in present law;
d) Non-profit corporate entities by law, this right is granted.
2. The scheme for the identification of persons referred to in paragraph b) of the previous number is defined by a ministerial diploma of the Minister of Justice.

Article 7 Foreign natural and legal persons
1. Foreign natural or legal persons not have the right to the ownership of the right of property.

2. The right of ownership of immovable property which are held by the persons referred to in in the preceding paragraph or in respect of which same persons have declared the existence of rights or assert their rights, reverts to the state, except if it occurs in favor of national citizens.
3. Foreign persons, whether natural or legal, holders of prior rights which maintain the possession of real estate reverted to the domain of the State under the terms of the preceding paragraph, may continue to use the immovable property, for lease agreement, in accordance with the of the law on rental of immovable property of State.
4. They also revert to the State immovable property whose holders of prior rights are persons collective agreements, unless there is a special or ordinary activity by third parties duly identified in the framework of the recognition and attribution of the first property rights.

Article 8 Goods of the public domain of the State
1. The public domain of the State whose inclusion in such area is determined by individually or through the identification of by types.
2. The inclusion and maintenance of any assets in the public domain of the State are always based on assumption that goods are indispensable to the satisfaction of the public interest and needs collective agreements.

3. Without prejudice to a special law classifying other goods as public domain, are part of the public domain:
(a) coastal and territorial waters, coastal and interiors, as well as their bed, their margins, observing a protection band and the continental shelf;
(b) the aerial layers above the territory above the limit recognized to the owner or surface;
c) The space through which they can propagate radio waves;
(d) the beaches and the coastline and the outline of islands, islets, bays and estuaries, measure of the line of the high highs, observing a protection range of 50 meters into the territory;
(e) river and lake waters, lakes and lagoons and related land, with the exception of considered private or community terms of the Civil Code;
(f) oil and natural gas deposits;

(g) construction;
h) The railway infrastructures, observing a confining range of protection proper;
i) Airports and aerodromes of interest the public, with a range of adequate confining protection;
j) Artificial ports and docks of interest the public, with a range of adequate confining protection;
k) Dams of public utility, observing a protection band suitable confederate;
l) The road network, which includes, namely, roads, streets, public paths, squares, green spaces, as well as their accessories and works art, observing a protection band suitable confederate;
m) The public cemeteries and the Gardens of Heroes;
n) Monuments and real estate of interest provided that they have been classified and integrated into the public domain;
(o) military installations, infrastructures the relevant internal security and safety territorial waters reserved for the purpose of civil or military defense;

(p) The strip of land along the terrestrial border.
4. The National Property Registry identifies and characterizes the assets of the public domain of the State.
5. Identification, determination of ranges and regime for the use of the public domain of are regulated by law.
6. The holder of the previous right or one who meet the requirements of special usucap- who, under the terms of this law, should be recognized the right of ownership over a immovable property, but loses that right for the passer to be considered part of the public domain of the State, must be compensated.
7. The compensation referred to in the preceding paragraph is calculated in accordance with the terms of this law.
Article 9 Real estate of the State's private domain
1. State immovable property:
(a) immovable property which has been owned or which have been used by Portuguese public administration until 7 December 1975;
(b) immovable property which has been owned or which have been used by Indonesian public administration until 19 October 1999;

(c) the immovable property in the possession of the the state and in which activities related to the public administration or public interest;
(d) the immovable property to which they relate previous primary or secondary rights belonging to foreign citizens, who, under the terms of this law, revert to the State;
(e) immovable property over which reversed secondary rights to the State in accordance with paragraph 6 of 3.
2. The provisions of paragraph 1 (a) and (b) shall not prejudice to the provisions of this law with regard to informal property rights, community ownership, as well as to possible rights.
3. In the case of goods referred to in (c) of paragraph 1, the possession of the State shall any prior rights, without prejudice to the right to compensation of the right holder provided for in this law.
4. Real estate with no known owner and the vacant considered to be State assets.
5. The system for the use and disposal of the private domain of the State shall be governed by decree-law.

Machine translation by East Timor Law & Justice Bulletin

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