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She affirms that while the current regulations provide a general framework for managing property, production, and the environment in the agrarian sector, they still present challenges that need to be addressed.

ISSUE 134 | 2024

Raúl Serrano

WELZEL ABOGADOS SRL: A LAW FIRM SPECIALIZING IN AGRARIAN LAW

The specialized legal assistance of this prominent law firm in the field of agrarian law regulates all activities related to land use and exploitation, as well as the relationships between the people involved in these activities, says Edineia Welzel. She adds that this type of advisory service can cover various areas, such as land ownership, the rights of rural workers, land sale contracts, and, among others, compliance with social or socio-economic functions.

1What are the most important activities that Welzel Abogados SRL law firm carries out in relation to its clients?

We provide specialized legal assistance in agrarian law. This regulates all activities related to land use and exploitation, as well as the relationships between the people involved in these activities. This type of advisory service can cover various areas, such as land ownership, the rights of rural workers, land sale contracts, compliance with social or socio-economic functions, and general advice on current agrarian regulations. We also offer preventive advice; it is important for agrarian producers to seek legal advice before undertaking any operation, such as land purchases.

2Since the agricultural sector is one of the most important areas of work for your law firm, do you believe that current regulations allow for proper management of property, production, and the environment?

We believe that the current regulations provide a general framework for managing property, production, and the environment in the agrarian sector, but they present significant challenges.

3Negotiation Management is another service offered by Welzel Abogados SRL. How would you describe this important activity?

The success of a land purchase transaction depends on several factors. Among the most important are effective negotiation and specialized legal advice. Land is a high-value asset and is subject to specific agrarian regulations. Before entering into negotiations, it is essential to conduct a thorough investigation of the legal status of the land. This includes verifying the property title, identifying any possible liens on the property, and considering any legal or forestry restrictions that may affect the land's use. Additionally, land purchases often require financing from banks or other investors. In this case, negotiation management must also focus on securing favorable financing terms that enable the buyer to meet their obligations and the bank's requirements. Proper legal advice can identify unique opportunities in land with high agricultural development potential, which could significantly increase its value in the future.

4What are the main challenges facing the land titling process in Bolivia to guarantee legal security for agricultural producers?

The titling process has had a significant impact in Bolivia. Once the land is titled, the owners receive an executive title that provides them with security over their rights.

This facilitates access to credit and the possibility of investing in the land. However, the titling process can be slow and bureaucratic, involving lengthy administrative procedures and complex technical steps, from verifying possession and compliance with social or socio-economic functions to issuing the title. As a result of this slowness, many agricultural producers have yet to receive their executive title, despite meeting the requirements set by agrarian regulations. This creates considerable legal insecurity, as, without a title that legally supports their ownership, they are exposed to potential land tenure conflicts, limited access to agricultural credit, and restrictions on long-term investment planning.