The incidence of territorial demarcation in the property right. Regarding the urban planning regime of the “complex farms” and the "Joint actions".

Legal gap and proposal of lege ferenda

Abstract

It is a pending task of the regional legislators in matters of urban planning and territorial planning the proper articulation of inter-administrative relations. Considered the supramunicipal-territorial actions or the figure of the instruments of joint municipal general planning, from the strictly urbanistic point of view there are legal gaps in the scope of the administrative intervention, as it is the case of the estates located in more than a municipal term when the actions of land use, its transformation or building are affected by the existing territorial demarcation The adequate consideration and assessment of the public interests present in the use of the territory through the principles of mutual information, cooperation and coordination, the principle of less restriction on the right of property and respecting, in any case, the respective jurisdictional areas of each of the affected municipalities justify de lege ferenda the legal treatment of what may be called “complex farms” and their “compatibilization actions”.