Water Use Rights Registration in Chile
1. Registry of Interdiction and Prohibition to Transfer
a) Any restriction or prohibition regarding a right to use (or the rights of a member of the organization) that encumbers or restricts the free exercise of the power to dispose of it (Article 115 bis, second part). This is one of the entries that must be practiced. These impediments or prohibitions may be:
- Conventional in nature (e.g., a transfer ban attached to a mortgage, which must be agreed upon by a public deed).
- Legal.
- Judicial (one of which shall be a judicially decreed embargo) requires a certified copy of the resolution, given by the receiver.
With regard to statutory prohibitions referred to in Article 115 bis, they can be endless: imagine the prohibition of sale between spouses. The truth is that stating they must register is incorrect, since the legal prohibitions are of such supra-registration and do not require registration to be valid.
2. Relative to a User Organization
2.1. The Register of Property
a) The documents establishing the altered distribution of use rights subject to the system user organization. These would be public documents containing the resolutions adopted by an organization of users or judgments in this regard. These changes obviously cannot affect the substance of the rights concerned and are usually intended to attribute changes to the timing shift by establishing, for example. Upon such registration, a reference annotation must be carried outside the original registration of the organization of users, and it must also undergo registration (or at least marginal notes) for each of the registrations of rights of each member of the organization, as seen above in 1.1.-f).
2.2. The Register of Mortgages and Charges
There are no scenarios in the law to that effect.
2.3. The Register of Interdiction and Prohibition to Transfer
Although this hypothesis is not mentioned in the law, one can imagine a court injunction affecting the organization. Even though the law says nothing about what should or may be registered, if the respective resolution orders it, it must be registered.
Summary and Additional Comments on the Registry System for Water Use Rights
A: General
1. The right of use is subject to the same regime as the respect of his estate by inter vivos transfer and transmission upon death.
2. The possession of water use rights is acquired by the registration of the title in the Land Registry of Water, the same way we acquire possession of the property for its registration in the Land Registry. No other office under the regime of AC current. The uses made of the resource can be configured as appropriate grounds for adjustment and thus have access to the registry, but the actual possession begins with registration and not before.
3. The limitation period for the right to use requires the registered office, as for buildings. The statute of limitations will be different if the right is deemed real or personal property under Article 4. This does not adequately protect the vital principle of public ownership in the registered scheme, since the condition of movable or immovable property, or the current resource use, are always questions of fact and not included in the record.
4. The registration scheme began in 1908 with the Canal Associations Act, in certain situations. It is consolidated as a general system for all rights granted from the Code of 1951. It is maintained in the Code of 1969 (Agrarian Reform Law of 1967) but subject to a term for a condition (never fulfilled). It replicates in the Code of 1981, which states remaining Water Records and entries made in them (Articles 8 and 13 transients).