Demarcation is the act and result of demarcating : making a clarification to conclude a misunderstanding or avoid confusion, specifying certain terms to establish a differentiation. The etymological origin of the verb is found in the Latin word delimitāre .
For example: “The municipal authorities tried to disclaim responsibilities and accused the provincial government of not providing the corresponding funds,” “The singer demanded that the journalist ratify what his colleague said or make a disclaimer,” “The disclaimer of the “mother with her son surprised the researchers.”
The idea of demarcation is usually used with respect to the intention to avoid responsibility , clarifying certain issues. Suppose that the owner of a company begins to be mentioned in the media as a participant in a scam. With the intention of cleaning up his image, the businessman makes a distinction and points to the company manager as responsible for what happened, ensuring that he was not aware of the operation under investigation.
The concept of demarcation or demarcation also refers to the delimitation or demarcation of a site . The development of a demarcation process, in this framework, involves setting the limits of a piece of land to separate it from adjacent properties.
The demarcation must be carried out as established by the property title. In this way, it is established where the right of each of the owners begins and ends.
Usually the demarcation is requested by one of the owners when the boundaries of the adjoining land are not clear. A judge is responsible for determining how the process should be developed, which once concluded gives way to the marking : the installation of boundary markers to mark the established limits.
In this context, the term boundary 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), the borders and the terms.
It is important to highlight that the demarcation is one of the rights associated with the possession of property , which originates, in turn, in the ownership or the rest of the real rights that an owner may have over his or her real estate. In other words, every property owner has the “right to demarcate” and to do so, he or she can request the relevant authorities to demarcate a piece of land.
Such a 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 real right is the legal power that an individual exercises over something, directly and immediately, to take full or partial advantage of it, and this right is enforceable against third parties.
An aspect of the delimitation that usually generates confusion is its scope at a legal level: this procedure does not serve to accredit 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 trial.
The procedure called judicial demarcation belongs to all those of voluntary jurisdiction , and can be requested by any person who has an interest in the land to be demarcated, by 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 record.