Procedures and Services

• The registrations made by declaration of the registered person do not accredit filial degree, it must be indicated the accomplishment of the filiatorio process before the Municipal Popular Court.
• The practice of sharecropping does not generate rights for those who work the land.
• In all cases where there is a difference in the extension of land, the Resolution of Area Adjustment must be issued.
• The award of the inheritance in accordance with Article 32 is requested directly from the Minister of Agriculture, by the Provincial Delegate or Director, and  ANAP President at that level in order not to delay the procedure; that is, if it is demonstrated that an heir does not comply with the five-year term of work, but is on the land before the deceased dies, the award must be submitted to the consideration of the Minister by this provision, a decision against which no appeal or procedure is appropriate, since it is the discretionary power of the aforementioned authority to grant or not this right. In this way, the Provincial Delegate or Director, does not have to issue a resolution denying the right since it would originate an unnecessary appeal, against which a revision can be requested, in addition, if in the provincial instance the possibility of adjudicating the inheritance by this precept is considered, it avoids delaying the procedure.
• When there is an heir who fulfills the requirement of working on the land, it is not possible to grant exceptionality to another relative, since we would be injuring the right of that one; that is, working 5 years before the death of the deceased, excludes the application of articles 32 and 23 to another relative of the deceased owner.
• Article 23 is applicable to the relatives of the deceased who relate Articles 20 and 21 and proceeds when there is no family member who fulfills the requirement of 5 years of permanent and stable work regulated by article 18 of Decree-Law No. 125/91, or who does not fulfill this period, but may be a creditor of the application of article 32, that is, it only proceeds when the UPA can be transferred to the state patrimony, therefore, this right is excluded by the application of articles 18 and 32.
• If the appeal is filed outside the 30 calendar day period, it is not admitted directly in accordance with the provisions of Resolution 853/03 of the Minister of Agriculture or the corresponding resolution will be issued by the Minister of Agriculture declaring NOT TO ADMIT such appeal, without knowing the substance of the matter, the same shall be done in the event that the aforementioned application is filed by a person not legitimized for such purposes (i.e., a person not legitimized is one who is not related to the cause, as provided for in Article 18 of Decree-Law No. 853/03). 125/91).
• Decisions granting rights that constitute the discretionary power of the issuing authority are final upon notification and no appeal or procedure in judicial or administrative proceedings is applicable against such notification.
• When there are doubts about any procedure, the specialist of the higher instance must be consulted before deciding.
• Notwithstanding the provisions of the related proceedings, if the parties propose the inclusion of any document, it will be included in the Record, provided that the legal opinion has not been concluded, at the national level the presentation of new evidence is not allowed.
• The land shall be inheritable by the family members who work it.
• In conflict over land, the best right is for the one who he works it.
• The land in usufruct is not transmissible by any concept.
• The usufruct is personal.
• A person who receives in usufruct the land left by a deceased landlord has no right to receive a pension and vice versa.
• The working age in Cuba is 17 years old, therefore minors under that age will not have the right to receive the land by inheritance.
• Legal consultants may only represent natural persons with the authorization issued by the Minister of Justice.
• Witnesses are taken before a public official; those directly presented by the parties are dismissed.
• The application of article 37 is without violating what is established in it as to the term and the inadmissibility of the resolution combated, in addition the pronouncement must be in the same sense of the claim of the plaintiff.
• The legal opinion must state the date of presentation of the appeal or procedure and the date of notification of the resolution being combated.
• - The body that accredits the filial degree or the civil status of the natural persons is the Civil Registry, being obligatory that when the same is not accredited, it is necessary to order the accomplishment of the civil process before the corresponding court.
• - The removal of areas of agricultural use for non-agricultural use corresponds to state areas, and in favor of state entities, never in favor of natural persons, does not authorize the construction of works other than housing or for the investment process (see Resolution 363/93 of the Minister of Agriculture).
• The declaration of non-agricultural interest to register the areas in the land tenure register is only for those who are not registered and must be very exceptional since in 2002 the patios were legalized and from January 1, 2004, according to the agreement 4793 dated May 20, 2003 of the CECM, all lands with an area greater than 800 square meters, had to be registered in the Land Tenure Register.
• The figure of the provisional administrator authorized by article 32 of Resolution 24/91, is to protect possible heirs in the continuity of work on the land while the adjudication concludes.
• The second paragraph of article 29 of Decree-Law 125/91 establishes that the State shall take the appropriate measures to provisionally guarantee the exploitation of land that is temporarily abandoned.

Principle: Cases of finding marijuana on usufructuary lands shall be prosecuted in accordance with the provisions of Decree-Law No. 232: "On Confiscation for Acts Related to Drugs, Acts of Corruption or Other Unlawful Behaviours",  January 21, 2003, and its Regulations, Resolution No. 285 / January 29, 2003, and its Regulations, Resolution No. 285  January 29, 2003. Resolution No. 6,  January 24, 2003, all in view of the special rules for this matter, and therefore shall not extinguish the usufruct for any of the grounds established in Decree-Law No. 300/2012, when it deals drug to a landowner or usufructuary of land, anywhere in the country, proceed the application of this special rule, does not have to be within the rustic farm.

As the lands are indivisible, the occupation of drugs on it, involves the total confiscation and not a quota or proportion.

Documents to be incorporated

• In order to dictate the Confiscatory Resolution on the part of the Delegate or Provincial Director of the one of the Agriculture, they will be incorporated:
• Land Registry File.
• Inventory and Valuation of land and agricultural goods.
• A written statement based on information from   MININT Specialized Agency, or the corresponding Public Prosecutor's Office, which accredits that what is occupied corresponds to drugs.
• - Criteria of the ANAP Presidents   at the provincial and national levels.
• - Resolution of the Provincial Agriculture Delegate or Director  .
• - Notification.

Review procedure

• Application with $ 5.00 stamp.
• Investigations carried out.
• Criterion of   Agriculture.Delegate or Provincial Director of
• Criterion of the President of  National Association of Small Farmers.
• Resolution of the Minister of Agriculture.
• Notification to offenders and to the Company that receives the land and agricultural goods, having to update its situation in the Land Registry.

• Application for award with a $5.00 stamp.
• Lease agreement or document proving this act.
• Certification of the rent received by the causer.
• List of persons who were financially dependent on the deceased landlord.
• Certificate of Death, Marital Status and Affiliation.
• Inventory and appraisal of the total land leased.
• Cadastral certification.
• Land certificate.
• Legal opinion of the Director or Head of the Land Control Department and of the Head of the Legal Department.
• Resolution of the Delegate or Provincial Director of Agriculture.
• Notification to the heir, to the Company Director that receives the Land and to the Municipal Direction of Work and Social Security.
• Payment of the tax.

Note: Upon the death of the owner of the rustic farm, the Delegate or Municipal Director, orders the payment of rent for a period of 90 days to the heirs who depend economically on the causer, or less time provided that there is the pronouncement of the Delegate or Provincial Director, the amount may not exceed what the lessor charged.

The Resolution that awards the inheritance provides for the transfer to the state of the rustic estate and the cancellation of the rent and the payment of the value of the estate to the heirs who are entitled under Article 18 of Decree-Law 125/91.

The applicable rules are:

• Special Provision Seventh and Eighth of Decree-Law 125/91.
• Section Five of Agreement 1273 dated 30 September 1962, issued by the Executive Committee of the Council of Ministers.
• Resolution No. 24/91.

• Application of the Provincial and Municipal  Agriculture Delegate or Director.
• Resolution or Act of Creation of the Basic Unit of Cooperative Production.
• Letter from the Company Director stating the reasons for the dissolution.
• Criterion of the Municipal Delegate.
• Letter from the National Union of Agricultural and Forestry Workers at its three levels.
• Letter from the Director of Attention to Production Units of the Ministry of Agriculture.
• Resolution of the Minister of Agriculture and notification thereof.