The Problem of ' Unclaimed Real Estate in the General Cadastral Survey' and its Treatment Mechanisms

Abstract

The Algerian legislator adopted frankly the real publication system according to the ordern° 75-74 dated in November 12, 1975, that includes the establishment “cadastre général et institution du livre foncier”. This system considers the operation of “cadastre” as its material basis. It provide us with legal mechanisms, technique, and artistic to regulateproperty container and to classify it according to the legal nature of property. Despite that, there are many legal issues  that appearduring the “l’opération du cadastre” which represented in what we call “Unclaimed Real Estate in the General Cadastral Survey” Such position provoke complexity in files of many owners. Regarding to this situation, the Public Direction of National properties, attempts to treat itthrough  issuing many notes and instructions starting by the instruction n°16 in 1998 and also through the note issued in 2003 and in 2004. In spite of those attempts, it does not find solution to other difficult situations. Hence, the legislator intervened for the first time through financial law in 2015 precisely in article 67 that clarified on the composition of the committe of states in order to take into consideration the appeals presented by the concerned persons. The  former step did not succeed too, because of the legislative problems about thelegislative mechanism by which the recorded properties in “Unclaimed Real Estate in the General Cadastral Survey” would refer to the state directly. As result, the financial law in 2018 was issued which contains new legislative mechanism for treatment through the article n° 89 from the law.