Deslinde

Yachtmaster

Member
Jul 2, 2007
296
20
18
www.genesisbvi.com
What exactly is a deslinde, is it another document separate from a title...?
When buying an existing 10 year old house in a residential area of Santo Domingo, would or should a deslinde be part of the transaction..??

Thanks in advance....
 

tmnyc

New member
Oct 19, 2006
334
10
0
What exactly is a deslinde, is it another document separate from a title...?
When buying an existing 10 year old house in a residential area of Santo Domingo, would or should a deslinde be part of the transaction..??

Thanks in advance....

One of the most common reasons a buyer/bank seeks a survey (deslinde) is to ascertain the location of boundary lines and other lines of a property. It is a critical piece of information to have before you buy or build.
Land-surveying.jpg
 

AlterEgo

Administrator
Staff member
Jan 9, 2009
23,097
6,247
113
South Coast
I would not buy anything without a deslinde in this country. We're just finishing the process with one parcel of land now.  We bought the land almost 40 years ago, and had a title, but since the newish law requires deslinde we stared the process two years ago. The property was properly surveyed, gps coordinates etc., and first paperwork submitted to the province then.  We've just received a letter telling us it's been approved and we'll have the deslinde in May. 

There are a LOT of forged titles in DR, title insurance doesn't exist in the way Americans know it.  A deslinde is the government saying this land is owned by this person.  

So, if the property you're interested in doesn't have one, proceed carefully or keep looking.  As I showed above, it's not something done quickly as part of a sale, it takes time, average two years.  It's also not cheap, thousands of US dollars.  
 

pgolivares

Member
Apr 9, 2010
229
9
18
I would not buy anything without a deslinde in this country. We're just finishing the process with one parcel of land now.  We bought the land almost 40 years ago, and had a title, but since the newish law requires deslinde we stared the process two years ago. The property was properly surveyed, gps coordinates etc., and first paperwork submitted to the province then.  We've just received a letter telling us it's been approved and we'll have the deslinde in May. 

There are a LOT of forged titles in DR, title insurance doesn't exist in the way Americans know it.  A deslinde is the government saying this land is owned by this person.  

So, if the property you're interested in doesn't have one, proceed carefully or keep looking.  As I showed above, it's not something done quickly as part of a sale, it takes time, average two years.  It's also not cheap, thousands of US dollars.  



AE, agree the process is long, costly and without s deslinde properties are worth a lot less. I have heard that the give is finalizing sells of properties without a deslinde.

 My mother started the process of having a deslinde after owning the house and land, title and all, after 40+ years. She is almost done with the deslinde process. It's costing us close to US$2,500. Final court date scheduled for late May.  

I'm not sure if any of you remember but about 2 years ago when mom started the process I asked for link to the 'tribunal de Tierra' where I could track the progress and stage where the documentation was using her 'tracking' number. The reason for quotes is that I'm not sure if I'm using the correct terminology.  

In any event, it's been so long since this process started, 3 phones later, that I lost that link.  Does anybody have the link handy that can share it ?  Thanks in advance 
 

Mauricio

Gold
Nov 18, 2002
5,607
7
38
AE, agree the process is long, costly and without s deslinde properties are worth a lot less. I have heard that the give is finalizing sells of properties without a deslinde.

 My mother started the process of having a deslinde after owning the house and land, title and all, after 40+ years. She is almost done with the deslinde process. It's costing us close to US$2,500. Final court date scheduled for late May.  

I'm not sure if any of you remember but about 2 years ago when mom started the process I asked for link to the 'tribunal de Tierra' where I could track the progress and stage where the documentation was using her 'tracking' number. The reason for quotes is that I'm not sure if I'm using the correct terminology.  

In any event, it's been so long since this process started, 3 phones later, that I lost that link.  Does anybody have the link handy that can share it ?  Thanks in advance 




Here's the thread you mean I think...not two years ago, but FOUR...time flies:

http://dr1.com/forums/showthread.php/132887-Tribunal-de-Tierra
 

cavok

Silver
Jun 16, 2014
9,529
4,045
113
Cabarete
The deslinde creates a new and unique title that guarantees that you own the property as described in the survey and that there are no other claims by other parties to the property or any part thereof.

As mentioned by AE, there are a lot of duplicate titles and also overlapping titles. The government did this to eliminate these problems with a this new title system.
 

pgolivares

Member
Apr 9, 2010
229
9
18
Here's the thread you mean I think...not two years ago, but FOUR...time flies:

http://dr1.com/forums/showthread.php/132887-Tribunal-de-Tierra



Thank for the link...

Four years!?! Wow!  Time does fly.  I gues than that it has cost us more than $2500k.

 The latest on this four year saga was just last Nov/Dec time frame where we found out that there was a discrepancy between the land measurements in the title and the paperwork created/submitted by the surveyor.  The lawyer never showed mom the paper work before submitting them but good thing she was at the last hearing because the judge asked mom why the difference, if she had sold part of the land.  Of course mom had not. by the way, the Nov/Dec hearing was suppose to be the final hearing where she would get the clean complete title deslinde and all. Oh and before that the prev lawyer died of cancer in matter of months but good thing that most paperwork and fillings had been done. 

One last thing... the $2500 mentioned above could easily be more like $5k counting all the hassle, follow ups, trips to/from lawyer and tribunal de Tierra. 

Will keep you posted. 

Have a great day kids in la la land. 
 

AlterEgo

Administrator
Staff member
Jan 9, 2009
23,097
6,247
113
South Coast
Thank for the link...

Four years!?! Wow!  Time does fly.  I gues than that it has cost us more than $2500k.

 The latest on this four year saga was just last Nov/Dec time frame where we found out that there was a discrepancy between the land measurements in the title and the paperwork created/submitted by the surveyor.  The lawyer never showed mom the paper work before submitting them but good thing she was at the last hearing because the judge asked mom why the difference, if she had sold part of the land.  Of course mom had not. by the way, the Nov/Dec hearing was suppose to be the final hearing where she would get the clean complete title deslinde and all. Oh and before that the prev lawyer died of cancer in matter of months but good thing that most paperwork and fillings had been done. 

One last thing... the $2500 mentioned above could easily be more like $5k counting all the hassle, follow ups, trips to/from lawyer and tribunal de Tierra. 

Will keep you posted. 

Have a great day kids in la la land. 



How did they handle the discrepancy?  Our other parcel is 9 tareas, but when surveyed its only 8. Our land is fenced, so no one is going to let us move the fence onto their property. Back in the day, I understand the measuring was loose, like from mango tree to brick wall, etc., so we can't be the only one with this problem.  We said to deslinde the 8 and we'd forget the other, but we're getting contradictory responses as to whether we can do that
 

lifeisgreat

Enjoying Life
May 7, 2016
3,271
1,162
113
How did they handle the discrepancy?  Our other parcel is 9 tareas, but when surveyed its only 8. Our land is fenced, so no one is going to let us move the fence onto their property. Back in the day, I understand the measuring was loose, like from mango tree to brick wall, etc., so we can't be the only one with this problem.  We said to deslinde the 8 and we'd forget the other, but we're getting contradictory responses as to whether we can do that


fence line rules! My property was just done irregular shape they weren't exactly sure( gated community everyone fenced) we new it was  between 750 sqm - 800 sqm lawyer put 800 to be safe , said easier to down in front of judge then up came back 780sqm.. buying a house with fenced property with out deslinde ain't problem raw land can be tricky...once you buy property without deslinde on closing taxes go in your name once deslinde is done which take usually 1 1/2 yrs  then title is transferred 
In front of judge your lawyer will hold back about $7000 from seller until deslinde is done to make sure cost is covered..
 

Drperson

Well-known member
Sep 19, 2008
1,061
290
83
I guess this means that things will never change. Few Dominicans have this kind of "disposable" money. Land ownership will continue at least in the campo to be bases on oral histories with or without much paperwork
 

Cdn_Gringo

Gold
Apr 29, 2014
8,671
1,133
113
As wages and economic where-with-all continue to improve, it should be possible for all sellers to have in their possession a deslinde for the property they are attempting to sell. A legal survey in my opinion is just as important as a title deed and at some point in the future, it should not be possible to complete a real estate transaction without one. The onus for providing this crucial paperwork should be placed squarely on the seller so they can demonstrate to the buyer and the Govt. exactly what it is they are selling. Needless to say it will take a very long time for all properties to be surveyed at the current rate of the system.