Provisional Title on a property???

rover

Active member
Aug 19, 2007
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What is a Provisional title ??

Got several different explanations that were all different so I know "maybe" only one of them was correct.

So..... if anybody really knows what a Provisional Title is I would like to hear it.
 

ctrob

Silver
Nov 9, 2006
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Provisional was how some used to transfer property. The Deslinde replaced it, is legal and binding.

I imagine there were a lot of verbal and handwritten agreements out in the countryside prior to Deslinde. And it may still be being done that way, but they're not legally recognized.
 

rover

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Aug 19, 2007
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I am wondering if this term "Provisional" is being used generically as upon closer inspection of this "Title" it does not have the word "Provisional" on it anywhere.

Now to be honest I cannot even say if it is a title. It is a paper issued by : Dominican Republic
Secreteria de Estado de Hacienda
Administracion General de Bienes Nacionales

It has on it a " Benefeciaro" : (the name of the owner)

Ubicacion :
Localizacion : ( both describing where the property is located)

Certificado de Titulo No. : ( went to Santo Domingo is filed there so it seems legit whatever it is )

Descripcion : Casa de Blocks cement Zinc

(NOW HERE IS WHERE IT GETS INTERESTING)

Area de Solar : SUJECTO A LEVANTAMIENTO

Observacion : Para realizar cualesquieria acto translativo de propiedad : venta, donacion, permuta etc.,
es obligatorio para pasar por la Administracion General de Bienes Nacionales para el Tranmite
de Lev correspondiente en su defecto, esta asignacion quedara anulada de pleno derecho.



And is signed by the : Administracion General de Bienes Nacionales


I went to the office in Santo Domingo and they say the land is owned by the the Government and expressed there was nothing complicated as to the transaction if I bought it from the owner and then wanted to buy the land from the Government. (I am all to aware of how an explanation/story can change after one purchases something in this country even/especially when the explanation comes from a civil servant.)

I talked to two attorneys and both seemed unfamiliar with it. One even told me they wanted to consult with someone else. In the end both attorneys had different explanations one saying that the present owner had to convert this into a normal Title before the transaction.

I like the property but although it shouldn't surprise me it still does when attorneys aren't even certain of where one stands in such transactions.

Just wondering if anyone else also was in such situation in this land of Title Oz ?
 
Last edited:

DR_Guy

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Feb 17, 2010
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You should talk to an Agrimensor. They do this work. The attorneys just write up the contract and the work gets passed to the agrimensor.
 

rover

Active member
Aug 19, 2007
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You should talk to an Agrimensor. They do this work. The attorneys just write up the contract and the work gets passed to the agrimensor.

Thank you DR_GUY. Excuse my ignorance but what is an Agrimensor and how does you find one ?
 

Castellamonte

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Mar 3, 2005
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Cabrera
www.villa-castellamonte.com
This sounds like the type of title the government was handing out back in the Balaguer days. They handed out land to people to be specifically used for agricultural work. The title was 'provisional' because the government had a stipulation as to how the land was to be used and you could not legally transfer it to another without the government approval.

Since that time the laws have changed and those older laws were reversed. So now this type of land is, technically, owned by the holder of the title providing s/he has held that title for at least 20 years. These were called Agricultural Titles back in the day. We ran across a lot of them in the Cabrera area when we were trying to put together a consortium of sellers for a large hotel project.

Get a good lawyer -- someone like Guzman Ariza -- and they will sort it out for you.
 

rover

Active member
Aug 19, 2007
265
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This sounds like the type of title the government was handing out back in the Balaguer days. They handed out land to people to be specifically used for agricultural work. The title was 'provisional' because the government had a stipulation as to how the land was to be used and you could not legally transfer it to another without the government approval.

Since that time the laws have changed and those older laws were reversed. So now this type of land is, technically, owned by the holder of the title providing s/he has held that title for at least 20 years. These were called Agricultural Titles back in the day. We ran across a lot of them in the Cabrera area when we were trying to put together a consortium of sellers for a large hotel project.

Get a good lawyer -- someone like Guzman Ariza -- and they will sort it out for you.


Thank you Castellamonte. This owner has had the property for 8 years so I'll have to see where this would leave me. The office in Santo Domingo say's I would just have to bring in the owner with a notarized statement saying that they have sold me the property but my experience tells me ...nothing is easy in "The Republica".
 

Criss Colon

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Jan 2, 2002
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yahoomail.com
"Guzman Ariza" solved the "Title Problems" on my house, and they were MANY!!!!!!!
You can't do this on your own!!!
Advice given here is worth every penny of what you are paying for it!
EXCEPT the advice that says, "GET A QUALIFIED LAW FIRM" to protect you!
In the DR, The One With The Best Lawyer WINS!!!!!!
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