October 6, 2013
In these, unless the soil, transform only fit the rustic subdivisions, which are those in which resulting farms still preserving a rural utility. That is why article 66.1 b) LOUA considers urban subdivision in lands that have the regime of the undeveloped land, the simultaneous or successive division of land, farms or plots in two or more lots, regardless of the agricultural legislation, forest or of a similar nature, may lead to the formation of new settlements. This is what worries the legislator: that although not possible the urban fragmentation on rural ground, by the very nature of the soil, contrary to the urban ordering parcelization is occurring in practice. In addition, is imposed, as a guarantee of good urban order, conduct determined to notaries and registrars in relation to this requirement. In fact, as a result of control of legality that both officials exert, 17.2II TRLS article establishes that in the Scriptures of segregation or division of estates, notaries shall require to authorize it and the registrars to register the title documentary accreditation of conformity, approval or administrative authorization to that subject, where appropriate, the division or segregation according to the legislation applicable to him. Andalusian legislation, article 66.4II LOUA provides thereon that may not be authorized or enroll any that contain subdivision act without the input of license, or declaration of its fact that notaries must testify in the corresponding deed deed. But perhaps the main innovation introduced by the autonomous legislation and, in particular, the Andalusian, is the reception of a broad concept of fragmentation, which takes into account not only the typical cases of division or segregation of farms, it extends also to other acts that conceal a real fragmentation. These assumptions of covert subdivision do not cease to be a manifestation of the law fraud, since on the basis of formally irreproachable acts pursued evade controls and prohibitions imposed by the urban planning legislation.