Deslinde in protected area?

Berliner

New member
Aug 9, 2007
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Is it possible to make a deslinde and transfer property in an "area protegida"??

We bought a piece of land in a big "Parcela" in 2006. Unfortunately we were not lucky with our lawyers and the process of obtaining our title took to long that the land court in 2009 decided that we have to make a deslinde in order to getting our title.
In general not bad because we wanted to make the deslinde anyway.
But now we seem to have a problem because the land is located in a protected area. Of course we knew that there was/is a proetected area close, we just did not know that our property was in. The 4 lawyers we were working with and the 4 Agrimesors we were asking and working with did not know anything precisely and -as usual- kept on telling us, that it will not be a problem buying this land and building a house for our family on it. So we did build a house and kept on going for the deslinde process.
Suddenly medio ambiente discovered that there are protected areas in Samana and that people are building houses in it. Maybe because after all that building without any permissions from medio ambiente and turismo for years, some "correct" foreigners where asking for the permssion and where told to stop. The once who did not stop are facing demolition of their construcion during the last months.
The original titles of the properties are all dated back to the 90'ies, long before the law of protected areas was issued in 2004.
Can these titles be transfered?
Can pieces out of bigger parcelas be "deslinded"?
Can medio ambiente stop the transfer even if you already paid tax for it, "deposited" the papers (3 years ago!) and head a judge issuing a "sentencia" where he orders the deslinde?
What says the law regarding private property in protected areas?
Is protection ruling over private property rights?
and last but not least:
In case a transfer is denied, what are the possibilities of the buyer to get a compensation/money back/or?
In case a new law is creating a new protected area where one has property, what are the rights of the owners?

I appreciate to protection of nature and I am positive about the enforcement of existing laws.
I just do not understand that NOBODY told us and others before. That you can do all these steps (paying taxes, deposit papers, ruling of judge, permissions to build from ayuntamiento, turismo) to be stoped and left -probably- with nothing in the end.
Of course one could have asked medio ambiente, but in Samana the situation is like this, that the people who's houses in construction had been destroyed, are still waiting since 6 month, that someone of medio ambiente shows up to precise the borders of the area (in the law are just 4 points mentioned) and to talk about the problems. The only thing you see here of medio ambiente are trucks with armed military who bread down without order, identification and notice.
Investors take care where you are buying and take good legal advice!
I post these questions here because I think they are of interest for many people (and to get some info before engaging the 5th lawyer...)
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
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sounds like you already paid 4 lawyers who just took your money without letting you know that they are no lawyers specialized for property cases, and that's a specialty here in the country, not every lawyer suits that, by far not, you need the advise of a property lawyer and to answer your question of a years ole case he will sure need more details from you provided before he can give a def answer.

basically:
property in a protected area= no construction permitted, you would need a special permit to do so, like some constructions on Saona Island/Parque del este, and there of course also a good bunched been turned down back in the day.
you may simpply got trapped by some windy lawyers/real estate sellers who knew what they sell but did not tell it to you, would not be a new figure here on the Isle sorrily, in such simple case the one responsible to inform himself about the product he purchases and what can be done with it or not, would be simply YOU.
no knowledge doesn't mean unguilty.
Samana is not new of an area for that,
I would guess there are many cases and a good number of ''real estate lawyers'' out there just on that.
seek info from a real real-estate pro lawyer for the area.
check with the Guzman firm here on the bord,
even if they would not work on such themselves Fabio and Co would recommend you some reputable to deal with such case.

as a matter of fact:
once you built something, anything, on any property, protected area or non protected area, and you did such construction without a deslinde and other legallywise required permits at hand, then the state has the simple right to send the troops and knock it down, as simple as that, they do not need a orden to do so, because their orden is the fact that you do not have a permit to build.

I saw here with my own eyes a good number of 'buildings/constructions of large value and built by owners of big influence go down the river, and I would til today not have heard of any who received a recompensation for any expenses, the opposite, they all paid fees for that.
get a real Lawyer to figure out what is possible,
and in the first place to figure out if that property is really Yours.

if not just shoot your lawyers and consider the loss of values as a lesson learned.
good luck
Mike
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
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www.mikefisher.fun
great info like always, Ginnie.
sounds like the good ole times here in PC a while back in the day.
would be interesting to know if the property/project of Berliner is listed there/what name it runs on.
I guess there will be much more of a heck before it is all cleared up/settled.
Mike
 

Berliner

New member
Aug 9, 2007
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Thanks a lot Mike and Lambada for your input!
Confirmed once more our view of the various problems we have.
Among these: same problem like in LT but other list, different place in Samana.
We would need a very good lawyer (and a lot of money) to get us of this all...
considering Mikes options :pirate: and learning our lessons
any info about property transfer in protected areas?
We will also talk to some professionals, already had contact with Guzman in some matter.
Keep you up-date if interessted.
Thanks again
Berliner
 

Berliner

New member
Aug 9, 2007
54
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Deslinde and transfer in protected area possible, use limited

Any update?

thanks for reminding me!

Neighbours in "our" protected area got a deslinde and transfer this year, so it is possible.
There is even a sentencia of the SCJ where they approved a transfer in the Parque de l'este, which was questioned by medio ambiente. Constitutional Property rights has to be respected.
Although land in protected areas can be bought, the use of the property is depending on rules of medio ambiente, e.g. building is mostly forbidden.

We are still in process...
(watching our neighbour fighting second deslinde and five ventas of his one property - in the PA)