Resolving Discrepancies: When Your Arequipa Property Dimensions Don't Match SUNARP Records

As a foreign investor or expat looking to purchase property in Arequipa, the allure of the White City's colonial charm and vibrant culture is undeniable. However, navigating the Peruvian real estate landscape requires meticulous due diligence, especially when it comes to property titles. One of the most common and potentially problematic issues you might encounter is a discrepancy between the physical dimensions of a property and what is officially recorded in the National Superintendency of Public Registries (S.U.N.A.R.P.).

This situation, while challenging, is far from insurmountable. As your experienced real estate broker, I can attest that understanding the causes, the legal mechanisms, and the step-by-step process to rectify such an issue is paramount for securing your investment. A clean title, free of dimensional ambiguities, is not merely a formality; it is the bedrock of property ownership, safeguarding your rights, facilitating future transactions, and preserving the value of your asset. Unresolved discrepancies can lead to boundary disputes with neighbors, hinder future sales, complicate financing, and even expose you to legal liabilities.

Understanding the "Why": Common Causes of Dimensional Discrepancies in Arequipa

Before diving into the resolution, it's crucial to understand why these discrepancies occur, especially in a city with Arequipa's rich history and organic growth.

Historic Measurement Practices: Many older properties, particularly those in traditional neighborhoods like Yanahuara, Cayma, Vallecito, and the Historic Center, were initially registered decades ago using less precise measurement techniques. Hand-drawn plans, reliance on visual estimates, or rudimentary tools often resulted in records that don't align with modern, GPS-assisted topographical surveys.
Informal Subdivisions or Annexations: Over time, families might have informally divided larger plots or annexed small portions of adjacent, often unrecorded, land. These changes, if not formally registered with SUNARP, create a disconnect between the physical reality and the legal title.
Clerical Errors: Human error during the registration process, whether by a notary or a SUNARP clerk, can lead to incorrect dimensions being recorded in the public registry.
Changes in Municipal Planning: Urban development plans can sometimes lead to minor shifts in public rights-of-way or property lines, which, if not properly reflected in individual titles, cause discrepancies.
Adverse Possession (Prescripción Adquisitiva): While not a direct cause of a recorded discrepancy, it can lead to a de facto discrepancy where an owner has been continuously, publicly, and peacefully occupying a larger piece of land than titled for the legally mandated period, potentially allowing them to claim ownership of the additional area.

The Resolution Process: A Step-by-Step Guide for Rectifying Title Dimensions

Resolving a dimensional discrepancy is a multi-stage process that requires precision, legal expertise, and often, the cooperation of neighbors.

1. Initial Verification and Comprehensive Documentation Gathering

Your first action is to gather all available documents related to the property. This initial due diligence provides the foundation for understanding the scope of the problem.

Obtain Official SUNARP Records: Request a Copia Literal (literal copy of the property's registration history) and a Certificado Registral Inmobiliario (CRI) from the SUNARP office in Arequipa. These documents detail the property's legal description, ownership history, and any registered encumbrances. Pay close attention to the registered area, perimeter measurements, and boundary descriptions.
Locate Original Purchase Deeds (Escritura Pública): Find the original notary deed from when the property was acquired. This document might contain the initial measurements and plans referenced at the time of purchase.
Gather Municipal Records: Obtain the Hoja de Resumen (HR) and Predio Urbano (PU) from the Municipality of Arequipa. These documents reflect the property's declared area and value for municipal tax purposes. Note that municipal records sometimes differ from SUNARP records, creating another layer of complexity.
Review Building Plans: If available, any approved architectural or construction plans can offer insight into the intended dimensions and layout.

2. Engage a Qualified Topographical Engineer (Agrimensor/Topógrafo)

This is a critical step. You cannot rectify a discrepancy without an accurate, professional assessment of the property's actual dimensions.

Hiring a Licensed Professional: Engage a qualified and licensed topographical engineer (Agrimensor/Topógrafo) registered with the Colegio de Ingenieros del Perú (Peruvian College of Engineers). Ensure they have experience with property demarcation and legal land surveys.
The Survey Process: The engineer will visit the property, conduct a precise topographical survey using modern equipment (e.g., GPS, total station), and establish the exact current area, perimeter measurements, and georeferenced coordinates (UTM).
The Informe Topográfico (Topographical Report): The engineer will produce a detailed report, including:
- A technical description of the property.
- Detailed plans showing the current physical boundaries, area, and perimeter measurements.
- A comparison of these findings with the dimensions recorded in SUNARP.
- A sworn declaration attesting to the accuracy of the survey.

3. Legal Assessment and Strategy Development with a Specialized Lawyer

With the engineer's report in hand, the next crucial step is to consult a lawyer specializing in real estate and administrative law in Arequipa.

Review and Analysis: Your lawyer will review the surveyor's report, comparing it against the SUNARP Copia Literal, municipal records, and your purchase deeds.
Identify the Nature of the Discrepancy: The lawyer will determine if the discrepancy is a minor error, a significant difference, a boundary encroachment, or if it relates to a larger issue like adverse possession.
Determine the Appropriate Legal Mechanism: Based on the nature and magnitude of the discrepancy, and crucially, whether it is contested by neighbors, your lawyer will advise on the most suitable legal path forward.

4. Choosing the Right Legal Mechanism for Resolution

Peru offers several legal avenues to resolve dimensional discrepancies, each with its own requirements and timelines.

A. Rectificación de Área, Linderos o Medidas Perimétricas (Rectification of Area, Boundaries, or Perimeter Measurements)

This is the most common procedure for correcting dimensional errors.

Notarial Route (Procedimiento No Contencioso): This is the preferred method when the discrepancy is minor and, most importantly, uncontested by neighboring property owners.
- Requirements:
  - The topographical report from your licensed engineer.
  - A declaration from the property owner stating the actual dimensions.
  - Consent from all adjacent property owners, typically formalized through sworn statements before a notary public. If a properly notified neighbor fails to object within the legally mandated period, their silence is typically taken as non-opposition, allowing the process to continue. However, explicit consent always streamlines the process and minimizes potential future complications.
  - Publication of notices in local newspapers (e.g., Diario Correo, La República) for a specified period, inviting anyone with objections to come forward.
- Process: Your lawyer will prepare a Minuta (draft deed) and initiate the process with a public notary in Arequipa. The notary will oversee the notifications and publication. If no opposition arises, the notary issues a Escritura Pública de Rectificación (Public Deed of Rectification).
- Advantages: Generally faster and less expensive than a judicial process.
- Disadvantages: Not possible if neighbors object or if the discrepancy is deemed too substantial by the SUNARP registrar, as per specific regulations and their professional judgment. While no fixed percentage applies across all cases, significant deviations from the registered area often necessitate the judicial route.
Judicial Route (Proceso Contencioso): If the discrepancy is substantial, if any neighbor objects to the notarial rectification, or if the case involves complex boundary disputes, the matter must be resolved through the courts.
- Process: Your lawyer will file a lawsuit in the Civil Court of Arequipa. This involves presenting all evidence (surveyor's report, documents), potentially multiple court hearings, expert witness testimonies, and a judge's ruling.
- Advantages: Can resolve contested or complex cases.
- Disadvantages: Significantly longer (1 to 3+ years, sometimes more) and considerably more expensive due to court fees and extended legal representation.

B. Prescripción Adquisitiva de Dominio (Adverse Possession / Usucapión)

This mechanism is used when you have been occupying a larger area than titled for a long period, openly, peacefully, and as if you were the owner.

Requirements: You must prove continuous possession for a minimum of 5 years (for urban properties with justo título and buena fe – a legitimate claim and good faith) or 10 years (without justo título or mala fe – no legitimate claim or good faith) for urban properties.
Process: Can also be pursued via the Notarial (if uncontested) or Judicial routes. Similar steps to rectification but with an emphasis on proving long-term, public, and peaceful possession.
Warning: This is a complex process and must be handled with extreme care, as it impacts the rights of others. It should not be used simply to correct a minor measurement error.

C. Saneamiento Físico Legal (Physical-Legal Regularization)

This is a broader process aimed at regularizing properties that have multiple discrepancies, such as unauthorized constructions, informal subdivisions, or title issues, and often involves correcting dimensional discrepancies as part of a comprehensive regularization.

Process: Often involves municipal and SUNARP processes, sometimes with a governmental entity assisting in regularization for a wider area. It's a more holistic approach for properties with multiple "irregularities."

5. Execution of the Chosen Process (Notary/Judicial)

Notarial Process:
- Preparation of Minuta: Your lawyer drafts the Minuta (draft public deed) outlining the rectification based on the surveyor's report.
- Notary Public Engagement: The Minuta is presented to an Arequipa notary.
- Notifications and Publications: The notary oversees the official notification of neighbors and the publication of notices in local newspapers for the legally mandated period (e.g., three consecutive days).
- Public Deed: If no opposition is filed, the notary issues the Escritura Pública de Rectificación, formally documenting the new dimensions.
Judicial Process:
- Filing the Lawsuit: Your lawyer files a lawsuit with the Civil Court, presenting all evidence.
- Court Proceedings: This involves responding to court demands, attending hearings, presenting witnesses (including the surveyor), and potentially engaging in discovery.
- Judge's Ruling: After evaluating all evidence, the judge issues a binding sentence. This sentence serves as the legal basis for the rectification.

6. Registration in SUNARP

Once the chosen legal mechanism concludes successfully (either a Notarial Act or a Judicial Sentence), the final step is to register the updated property information with SUNARP.

Presentation of Documents: Your lawyer or notary will present the Escritura Pública de Rectificación (from the notarial process) or the certified Judicial Sentence to the SUNARP office in Arequipa.
New Asiento Registral: SUNARP will update the property's Partida Registral (registration file) with the corrected dimensions and boundaries. This creates a new Asiento Registral (registration entry), officially reflecting the legal reality of your property.
Obtain New Copia Literal: Always obtain an updated Copia Literal to confirm the successful registration of the rectified dimensions.

Local Context & Warnings: Arequipa Specifics

Arequipa presents unique considerations that foreign investors should be aware of:

Historic Center Properties: If your property is within Arequipa's UNESCO World Heritage Historic Center, any modifications, even internal, and certainly any boundary changes, fall under strict regulations from the Municipality of Arequipa and the Dirección Desconcentrada de Cultura de Arequipa. Rectification processes might require additional permits or reviews from these entities. This can significantly extend timelines.
Older Registrations & Neighborhoods: Properties in charming, older neighborhoods like Yanahuara, Cayma, and Vallecito are more prone to these discrepancies due to archaic registration methods. Be prepared for this likelihood and factor it into your due diligence budget and timeline.
"Informal" Practices: Historically, some local residents engaged in informal land adjustments or expansions without official registration. Unwinding these, especially if they involve communal land or public spaces, can be exceptionally complex.
SUNARP Arequipa Bureaucracy: While SUNARP is increasingly digitalized, the Arequipa office can still involve bureaucratic hurdles. Patience, persistence, and experienced local counsel are your best assets when navigating these processes.
Neighbor Relations: Good communication and amicable relations with adjacent property owners are paramount for a smooth notarial rectification. Contentious neighbors can force the process into the much longer and costlier judicial route. Always verify neighbor identities and land ownership through official SUNARP records to ensure you are dealing with the actual titled owners, not just informal occupants.
Municipal vs. SUNARP Records: It's common for the area declared in municipal tax records (HR/PU) to differ from SUNARP. Your rectification process should ideally aim to align both, ensuring future tax assessments are based on the correct, registered dimensions.

Costs and Timelines (Estimates for Arequipa)

Resolving a dimensional discrepancy involves several professional fees:

Topographical Engineer (Agrimensor/Topógrafo): Expect to pay between S/ 1,500 and S/ 4,000 (approx. USD 400 - USD 1,100), depending on the property size, complexity, and location.
Real Estate Lawyer:
- For a Notarial Rectification (uncontested): S/ 4,000 - S/ 10,000+ (approx. USD 1,100 - USD 2,700+).
- For a Judicial Rectification or Adverse Possession claim: Significantly higher, ranging from S/ 15,000 to S/ 30,000+ (approx. USD 4,000 - USD 8,000+), depending on case complexity and duration.
Notary Public: For a Notarial Rectification, notary fees can range from S/ 1,000 to S/ 3,000 (approx. USD 270 - USD 800), plus publication costs (S/ 500 - S/ 1,000) for local newspapers.
SUNARP Registration Fees: These are generally minor, a few hundred soles (less than USD 100), based on the value of the act.

Timelines:

Notarial Rectification: Typically 3 to 6 months, assuming no significant delays or objections.
Judicial Rectification/Adverse Possession: Can range from 1 to 3 years, and sometimes even longer, depending on court load, case complexity, and appeals.

Preventative Due Diligence

The best way to resolve a title issue is to prevent it. Always, without exception:

Conduct a Thorough Topographical Survey: Insist on an independent topographical survey before finalizing any property purchase in Arequipa, especially for older properties or those with unclear boundaries.
Compare All Documents: Cross-reference the survey results with SUNARP records, municipal declarations, and all available deeds.
Understand the "As-Is" Title: Be fully aware of any discrepancies before committing to a purchase. Factor the cost and time of resolution into your offer and investment plan.

A clean, accurate title is your most valuable asset when investing in Arequipa real estate. While uncovering a dimensional discrepancy can seem daunting, it is a manageable challenge with the right professional guidance and a systematic approach.

⚠️ Legal Notice: Consult a Local Lawyer. The information provided in this article is for general informational purposes only and does not constitute legal advice. Real estate law in Peru, particularly regarding title regularization, is complex and highly dependent on specific circumstances. It is imperative that you consult with a qualified, licensed Peruvian real estate lawyer and a reputable topographical engineer in Arequipa to address your specific situation before making any decisions or taking any action. ArequipaRealEstate.com does not provide legal services.

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