In process of getting title and deslinda. Deslinda has been "approved". Now need to file papers to get title. The seller says he does not have original title that is needed to file the papers. He says his title is in another file at the land title office (another sale of land) . He says he does not have that file number. My lawyer says that it is not possible to get the original title using the old title number because a new number would have been issued when my deslinda was approved. If the seller does not give the file number so I can locate the original title, what options do I have to locate the original title? This is in Samana. Logic tells me there must be ways to be able to locate the original title by some other cross reference (seller's name, location, parcel number?) I have a photo copy of the original title.Yes - this should be lawyers job but he doesn't move on it so I try myself. Thank you.
- Thread starter brigsy
- Start date
How to locate original title at land title office.
Surveyor should have help you with this problem. The goverment is try to update system so eveyrone will know who is the rightful owner, many people are buying land that has been sold twice over. Be very careful
My Title was stolen when burglars broke-in and stole my wall safe. It took almost 6 months and $1200 US to get the Title replaced through the Title Office in Higuey. The replacement STAYS in my Safe Deposit Box in the U.S. now and will NEVER reside in the D.R. until the need to sell arises.
The surveyor should have the file number and made numerous calls to him - he is always very pleasant, says he will call with the file number but never does. So need a work around solution. (work around seller, work around surveyor, and possibly work around lawyer) Thx for the suggestion but have already tried this.
I don't understand. The title should have been filed at the court during the "deslinde" petition. The judge cannot "approve" or rule without it.
That's interesting Fabio Guzman. I have a copy of the title (as does my lawyer) but what we apparently need is the "original" title. We have checked with the Samana land titles and it is apparently not in that building. Apparently this is because someone else is buying a piece of land held in the parcel and whoever that is may have the "original" title. During the court procedure I and the farmer were there. Small world story - I am waiting to hear from Cesar Calderon at Guzman Ariza in Las Terrenas to see if he might have it.There must be a way of tracking where the "original" title is- it feels like looking for a needle in a haystack.
How can someone legally sell land if they do not have the title for it? Shouldn't providing a clear title be the responsibility of the seller?
If you have ever been to the land title office in Santo Domingo you will see the problem. Piles of documents on the floor and swept into corners to rot. No one even bothers to care about anything you just hire some one to start digging and hope to find yours!
It's buyer be aware - there is plenty of land bought and sold without title - original owners die/it's been occupied for years by xyz - in many areas it's the norm. Legality takes a while to filter down :-z
So Ceasar Calderon reported he hasn't had anything to do with this parcel since 2007. My lawyer insisted on being paid his second payment on the "approval" of the deslinde (the final payment is peanuts - my bad) Have a meeting with him tomorrow so will be interested to know how the deslinde was "approved" without the title being presented. Thank you Mr Guzman for that insight.
Buyer beware indeed, if I had a few bucks for every strange and sad real estate story I've heard over the years I could retire to Saint Barth. It's truly frightening. My advice is to apply lots of due diligence and common sense. Best of luck.
Several years ago, "Mi Esposa" lost our original title to our home here in SD after taking it to the US consulate.
Then a retired DR General showed up here claiming the house was his!!!
I RAN to the law office of "Guzman Ariza" her in SD.
To make a Loooooooooooooooooooong story short, they got me a new "Original Title".
They know the system here, and the people who run it.
One trip to the Gov. Office, I was ushered in without waiting in a room FULL of other "Owners", spoke with a judge, "DONE"!!!!!
AND, at a fair cost!!!!
Need I say more?????
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Thank you Fabio Guzman. I questioned my lawyer about this. The deslinde has been "approved" (we went to court in Dec 2015) but the file needs the original title in order for the "approved" deslinde to be filed. Another piece of land in the parcel has been sold and the story I get from the seller is that the title is in the file attached to this new sale. The seller is a farmer who can not read or write. The farmer's lawyer is not motivated to help. I have tried everything I can think of to get the new buyers name so we can search for the title by the name of the new buyer since we can not get a file number to search by. So far, I am unable to get the new buyers name. So I am back to the original question - what options do I have to get the original title? I have paid the lawyer good money to get my deslinde and title but he does not consider it his job to track down the original title!
Just one simple question, would you buy such a property on your own country with such problems. In my own opinion common sense dictate to run away from such a mess. If the current owner can not produce the legar documentation, he should not be selling that property on the first place.