Why my real estate attorney tells me I can buy the land which has no Deslinde

Alterego,

A deslinde is a survey correct?

A tarea is what?

Thx.

Deslinde means a clear title & survey. It is not legal to sell property in the DR without one.

I suspect the locals think you're a sucker (no offense.)

Actually, I think it is not illegal to sell only with carta de constancia if the seller find a stupid one to buy with all risks that probably he might never be able to have a final title on his name or like the land is in different place he thought or the copy is old and the title has a new owner or someone has some clames on it etc...
The real title have its own parcel#, not like so and so meters inside the parcel number so and so. (If so, forget it!)
In any case and at least you should ask them to give you confirmed copy up to date made by office of Registro de Tierra in Santiago.

Possible solution

Ask to make the sale provisional upon the successful completion of a deslinde. Your money will be transferred upon completion of the deslinde proces.

That way you can get the deslinde done, while the seller is securing the sale.

Well I bought my place here without a deslinde, using a very reputable law firm well known to the members of this site. Yes, I had to pay for the deslinde myself after the purchase, which with hindsight maybe I should have insisted on the seller doing, but now I have it and all is well, (as far as I know!).

Cdn_Gringo said:

Alterego,

A deslinde is a survey correct?

A tarea is what?

Thx.

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Understanding Deslinde:

A deslinde is an important step in determining the space of a property. It is more official than a regular survey, as the results are determined by the Land Court and state the property's physical space. The deslinde process involves several steps:

a) A legal survey date needs to be set up with a certified office. This appointment should be made by the landowner.

b) The Land Court must be brought in by the survey office to authorize their results.

c) The survey office takes their authorized plot plan to be approved by the Land Court. They must go to the General Surveyor's Section and their plan must include GPS codes.

d) The owner must first authorize the plot plan himself by attaching a letter stating that the information is true.

e) The plan will either be approved or rejected by the General Surveyor's Section.

f) Once the plot plan has been approved, a new authorization is issued by the Land Court. This authorization demands that a new title be issued by the Registrar of Titles.

g) The land owner is issued a new title to the freshly surveyed property.

Measurements for Sanitation:

This is done when the individualized parcel of land is lifted. If the property has never been properly measured, this identifies the location.

Subdivision:

This is done when the property owner wants to divide a large plot into several smaller, registered plots.

Revision:

This is done when the property owner wants to combine two or more adjacent pieces of land. The new lot will integrate all lots together so that they are legally considered a single lot.

Re Tarea.. there are six tareas to an acre.

A tarea is a lot.

If you were to try to buy a property in the barrio, I would think that hardly any would have a deslinde.

mountainannie said:

Re Tarea.. there are six tareas to an acre.

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and 6768 Square Feet in a Tarea.

mountainannie said:

Re Tarea.. there are six tareas to an acre.

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Exactly 6.43...

bronzeallspice said:

A tarea is a lot.

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A solar is a lot, a tarea is a measurement.

It is not that you cannot buy anything without a deslinde it is that you cannot register the title in your name. So you have various options.

1. Don't buy it
2. Ask sellers to get deslinde before you buy it (difficult as can take a few months)
3. Reduce asking price to cover cost of you doing deslinde which is US$1500 to US$2000. Tad dodgy as Alterego said you may not be buying what you thought.
4. You do deslinde when you register title and don't ask for reduction

I went for option 4 which happened quickly and as the price we paid was good I was not too worried and Gracias a Dios the land was what we thought it was.

Up to you really.

Matilda

Matilda said:

I went for option 4 which happened quickly and as the price we paid was good I was not too worried and Gracias a Dios the land was what we thought it was.

Up to you really.

Matilda

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In a land of crooks and land scammers, you dodged a bullet.

What is the point of buying land or a house if you can't take clean title to it? Insanity!

cobraboy said:

In a land of crooks and land scammers, you dodged a bullet.

What is the point of buying land or a house if you can't take clean title to it? Insanity!

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It may be insanity but sometimes it takes a little while to straighten out the old system where you foot paced out 50 paces this way, put a marker down, and repeated in a different direction , then recorded all with people that could neither read or write very well. My current house it took three years and a trip to land courts in La Vega with two old-timers testifying that Juan.....owned said property and lived there for 50 years. I now have clear title. Helped that the judge was a Pena from Jarabacoa and was familiar with all the names and properties.

bob saunders said:

A solar is a lot, a tarea is a measurement.

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Correct. My bad

cobraboy said:

In a land of crooks and land scammers, you dodged a bullet.

What is the point of buying land or a house if you can't take clean title to it? Insanity!

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It is not that you cannot take clean title to it, it is that the actual measurements of the land need to be made to register it. You can do your research as to the previous owners. You can check the measurements of the land that there were before which are which land is to each of the directions i.e. north, south, east and west. You can talk to all of the neighbours and if you live in the campo they are pretty straight people. I don't know how many properties you have bought here cobraboy but once you know the system and especially if you are buying in the campo from people who have had the property in their land for generation it is not insanity. Campo people are not crooks and land scammers normally.

Matilda