Here's One for Legal

jabejuventus

Bronze
Feb 15, 2013
1,437
0
0
The constancias for inherited property for my siblings and me finally were finalized last week. The four provisional titles are identical except for the difference in names of the respective title holder. Each identical title assigns the corresponding amounts in terms of a percentage of the total area/tareas. We prefer that we are bound in a title this way, so as to not have anyone of us assigned a less valuable piece of the total area.

In a conversation to begin deslinde (segregation) an agrimensor (surveyor) insisted that now four distinct boundary defined titles (four deslindes) must be realized. I asked my lawyer if this was so. She said no, not if you don't want it that way. She promised a call to the surveyor to clarify. I'd like a third opinion, and as many others as may be forthcoming. Thanks.
 

Ken

Platinum
Jan 1, 2002
13,884
495
83
Since there is some urgency, I recommend that you contact the Guzman firm or another lawyer and get an opinion. Fabio hasn't been heard from for awhile and may be traveling.
 

bronzeallspice

Live everyday like it's your last
Mar 26, 2012
11,009
2
38
It's just like the lawyer said. It depends on how all the heirs want it. If you all agree that the property
will be sold (one day) as a whole and then divide the money among yourselves, then you need only
one deslinde. If the heirs intend(want) to divide their share of the property and later sell it (individually) then 4 deslindes would be required.
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
83
www.drlawyer.com
To individualize each of the heirs' property a "partici?n" (settlement agreement) and a "deslinde y subdivisi?n" (segregation and division) must be made. Otherwise the property is common to all the heirs and none of them would know where precisely their property is located, which is fine if a sale is imminent; not otherwise.