CONCORDANCE OF THE REGISTRATION INFORMATION WITH THE EXTRARREGISTRAL REALITY, RELATED TO THE LANDS BELONGING TO THE INDIGENOUS COMMUNITY OF MATAGALPA, IN THE PERIOD 2010-2016

Abstract

The purpose of this paper is to analyze the phenomenon of the agreement of the registry information with the extra registry reality in relation to the lands of the Indigenous Community of Matagalpa in the period 2010-2016. To ensure reliable, truthful and objective information, interviews were used, aimed at the different actors that have incidents and active participation in the studied problem, a survey of the indigenous population and a documentary investigation that included not only data bibliographic, if not also judicial and administrative resolutions referring to the phenomenon studied. It was verified that there is a good degree of knowledge of the regulatory laws by the judicial and registry authorities and the lawyers and notaries. Not so on the part of the indigenous population and their representatives. Regarding the application of the laws studied, it was observed that their application is deficient and incomplete due in part to the fact that many of them are anachronistic and do not form a normative body. It was also found that it is a fact that the double registration is persistent and the source of many property conflicts, having as a logical consequence the legal insecurity of real estate transactions on land belonging to the indigenous community of Matagalpa. Finally, it was verified that economic activity, related to common land, has difficulty in fully developing, since financial institutions limit the granting of credits, when the guarantees offered are related to these lands.