المسح العقاري في تثبيت الملكية العقارية

Abstract

Land register operation is considered as being the essential base concerning the elaboration of landed book. This latter defines and determines the real estate natural field on the whole national teritory in order to constitute the landed documents which compose the natural basis of the landed book ; this latter includes, essentially, the diagram and the documents of the landed survey of sites which are situated in the midst of the limits of each town with all details about its segmentations. Land register operation is, therefore, this technical ad legal operation which aims to determine the identity of the real estate trough the determination and the fixing of the concerned sites and the definition of its complete characterizations by identifying the rights which come from it and imposed to it, including the introduction of individuals who are entitled to them, and the individuals who are obliged to respect them. The study of this system on the algerian legislation level assumes an importance as being one of the topics which haven’t get enough study despite its two importances, that is to say the scientific one and the practical one, given that its roots date back anterior periods in the history from which the appearance of first precurssor signs during the independant Algeria era under the supervision of the farming revolution code – the article 25 of the same code-,then i twas the order 75/74 and the decrees which succeeded in order to rest on the bases of this principle. Because of the precised technical character that this operation assumed, this latter has been left to some individuals and some organisms constitued especially to that effect, by example : the Landed Register National Agency, the Landed Register Committee and the Landed Conservations, and this in order to end up in one landed conservation system consisting of the real advertising system. The whole of these statements don’t mean that the landed register operation isn’t linked to the individual advertising, on the other hand it is linked but in a non precised way. To end up in this precised system, it is essential to go through a series of some essential steps before to fix the landed property and to obtain the unique support which enhances the value of this fixing- the landed register book- and what make this operation full of interactive obstacles working to block it. Therefore, this imposes to turn one’s attention to it and to study it at the level of its efficiency an its impact in order to give some possible solutions to delete or to minimise its acutness.