Solutions for Reducing Property Disputes
Seyed Ahmad Bakhtar
The expansion of normal transactions and the existence of real estate and rights that have been given to individuals without official documents have been one of the most important areas of conflict in ownership, conflicting transactions and property lawsuits. In response to this situation, Article 10 of the Law on the Obligation to Officially Register Immovable Property Transactions mandated the country's Deeds and Real Estate Registration Organization to create an "Informal Document Organization System"; A system known as "Sagher".
The main goal of Sagar is to make it possible to register and organize the claims and documents of individuals regarding properties and real estate rights that do not have an official document, and to provide a legal path to determine the assignment and finally establish the official ownership. Therefore, Sagar should not be considered a system for immediate issuance of ownership documents; Rather, it is the starting point of a legal process to determine the assignment of undocumented claims.
According to Article 10 of the law and its executive regulations, the matter of Saghar refers to the claims related to: ownership of the same property; Ownership of interests for more than two years; Usufructuary rights; easement; And the documents are related to these rights, provided that the claim does not have an official document subject to the law. Therefore, a person who has a normal document for his property or right, such as an affidavit, affidavit, peace deed, partition deed, grant deed, agricultural plan, certificate, inheritance restriction certificate or other reliable proofs, may be placed in the territory of this system as the case may be.
The important point is that having a normal writing alone does not mean the issuance of a title document or definitive proof of right; Rather, these documents are the basis for planning and pursuing claims in the legal process.
Registering a claim in Sagar is not just entering several details in one system. Before proceeding, the applicant should check the legal and registration status of the property as much as possible and organize his documents. Among the most important information and circuits required, the following can be mentioned:
First; Claim documents: documents such as affidavits, affidavits, settlement agreements, partition documents, documents related to inheritance, opinions of judicial authorities and other evidences that show the origin of the claim.
Second; Property registration details: registration plate, if any, and information that allows accurate identification of the property.
third; Map with geographic coordinates (UTM): This map is one of the main elements of the claim registration and must accurately define the claimed area. In the regulation, in addition to the map, a "table of descriptive information" related to the range is also provided.
fourth; Identity authentication: The claimant's identity authentication is done through the system of judicial system.
Therefore, it is better for the applicant to check his documents and records before entering the system and prepare an accurate map that matches the real state of the property; Because a mistake in the property specification or scope can cause problems in the next process.
This is the most important point that the applicant should know: putting a claim in Sagar does not create or prove ownership by itself. According to the executive regulations of Article 10, the claim registration certificate also explicitly implies that the registration of the claim does not create the claimant's actual ownership rights, interests, usufruct rights, or easement rights, and it is only a condition for his action to be accepted in the relevant legal authorities.
Therefore, one should differentiate between three stages: 1- Claim registration, 2- Legal action, 3- Establishing the right and obtaining an official document
In simple words, Sagar is the place of registration and organization of claims, not the final authority for determining ownership.
After registering the claim, an electronic certificate containing the tracking code, the date of filing the claim, the deadline for action and the guarantee of non-action will be issued. This certificate should be kept and considered in the next steps.
After filing a claim, the work is not over
One of the most important mistakes is for a person to think that his task is over by receiving Sagar's certificate. Article 10 of the law, after filing a claim, has another duty on the claimant. He should, as the case may be, regarding: preparation of the official document; Filing a lawsuit requiring the preparation of an official document; filing a related lawsuit; or perform other necessary legal actions to obtain the official ownership document and enter the action document and its result in the system. Therefore, filing a claim should be considered the beginning of legal and registration pursuit, not the end of it. The authority of action is also not the same according to the nature of the case; The notary office, judicial authority, registration organization or one of the authorities provided in the special laws may have the authority to investigate or act.
legal deadlines; An important and decisive part of Sagar
Article 10 of the law provides two basic deadlines for the claimant:
First deadline: basically, the claimant has two years from the system launch date to enter his claim, documents and map in the system.
Second deadline: After filing the claim, he has two years to obtain an official document or take the necessary legal action and enter the document in the system.
According to the official launch announcement, the system has been officially launched since June 1, 1405 for the properties for which the official Hadnagar document was issued between April 1, 1396 and May 31, 1405. Regarding the properties that have received the boundary document after that date, as well as other properties, the system inclusion date will be subject to the relevant regulations and notifications. Therefore, one should not assume the same legal deadline for all properties without checking their registration status.
The effect of the claimant's failure to act within the deadline
Failure to act within legal deadlines is not just an administrative delay and can have important legal effects. According to Article 10, after the expiry of the legal deadlines and in the absence of necessary action, claims against public and government lands and also against third parties in good faith with an official document cannot be cited, heard and contested.
In cases where the legal conditions are stipulated, the law provides the claimant with the possibility of demanding the daily price of the immovable property against qualified persons; But this issue is not a substitute for timely completion of legal tasks in the system. Therefore, Saghar deadlines should be considered as deadlines affecting the legal status of the claim, not just administrative deadlines.
Some practical warnings for property applicants
1- Registering a claim is not the same as an ownership document. As long as the legal process of assigning responsibility and establishing ownership has not been completed, merely registering a claim does not create official ownership.
Second - don't confuse affidavit with an official document. Affidavit and other normal documents can be claim documents, but their probative value is not the same as an official document.
Third - Don't consider the map as a formality. In Sagar, the location of the property is an essential part of the process and the UTM map must match the actual area of the claim.
Fourth - After receiving the certificate, don't stop the follow-up. The claim registration certificate is only the first step and the next legal action must be done within the prescribed deadline.
Fifth - Don't choose the last day to take action. Checking the registration history, preparing a map, possible correction of information and choosing the right legal path may take time.
Sagar can be seen as the connecting link between existing informal claims and the formal process of property consolidation. The importance of this system is that, for the first time, it collects claims and documents related to informal real estate rights in a location-based and monitorable platform, and it draws a clear path for the claimant, from filing a claim to legal action and finally formal confirmation of the right.
However, three points should always be noted: registration of claim is not a document of ownership; An accurate map is an essential component of claim registration and claim registration without subsequent legal action does not establish the right. Therefore, a citizen who does not have an official document regarding his property or immovable right, should not consider the issue as just a systemic action; Rather, by accurately identifying the right, collecting documents, preparing the correct map and complying with the legal deadlines, he should follow the process until the final determination. Finally, Sagar's philosophy should be sought in organizing informal claims, reducing property conflicts, and moving towards establishing and officially registering the rights of individuals; Not in creating a new ownership title simply by registering information in the system.