Demarcation Basics


Demarcation is the act and the result of demarcation: make a clarification to conclude a misunderstanding or avoid confusion, specify certain terms to establish a differentiation. The etymological origin of the verb is found in the Latin word delimitāre.

For example: “The municipal authorities rehearsed a demarcation of responsibilities and accused the provincial government of not contributing the corresponding funds”, “The singer demanded that the journalist ratify what his colleague stated or make a demarcation”, “The demarcation of the mother with her son surprised the investigators”.

The idea of ​​demarcation is usually used with respect to the intention to avoid responsibility, clarifying certain issues. Suppose a business owner starts to be mentioned in the media as being involved in a scam. With the intention of cleaning up his image, the businessman makes a demarcation and points to the company manager as responsible for what happened, assuring that he was not aware of the operation under investigation. See Abbreviation Finder for acronyms related to Demarcation.

The concept of delimitation or delimitation also refers to the delimitation or demarcation of a site. The development of a demarcation process, in this framework, implies setting the limits of a piece of land to separate it from the adjacent properties.

The demarcation must be carried out in accordance with the provisions of the title deed. In this way, it is established where the right of each of the owners begins and ends.

In general, the demarcation is requested by one of the owners when the limits of the adjoining land are not clear. A judge is responsible for determining how the process should unfold, which once concluded gives way to markings: the installation of milestones to mark the established limits.

In this context, the term milestone is understood as a permanent sign that is placed on the land that must be delimited, to indicate the boundaries of estates (an estate is a cultivated land that belongs to a single owner, in particular a portion of it that a family bequeaths to its descendants), borders and terms.

It is important to highlight that the demarcation is one of the rights associated with the possession of goods, which originates, in turn, in the property or the rest of the real rights that an owner may have over his real estate. In other words, every owner of a farm has the “right to demarcate” and for this he can request the relevant authorities to carry out the demarcation of a plot of land.

Said request can be made not only by the owner himself, but also by any person who has a real right of possession over the land to use and enjoy it. Let us remember that the real right is the legal power that an individual exercises over a thing, directly and immediately, to take advantage of it totally or partially, and this right is opposable to third parties.

One aspect of demarcation that often generates confusion is its scope at the legal level: this procedure does not serve to prove the right with which it is carried out, but simply the fact of the delimitation itself. For this reason, it is not admitted when the objective of a person is to solve problems related to the ownership of a particular property, but in those cases it is necessary to hold an ordinary declaratory judgment.

The procedure called judicial demarcation belongs to the group of those of voluntary jurisdiction, and can be requested by any person who has an interest in the land to be delimited, going to the corresponding Court building according to the area; If everything goes well, an appointment will be set for its completion, and finally the procedure will be recorded in a descriptive act.