I have a conflict of interest of a piece (two adjacent lots) of land I purchased.
What happened was, when I purchased in 1986 the laywer Felix Castillo Placido (who has since passed away (god rest his soul)) basically wrote up a promise to sell with financing. Now within the scheduled two years all payments were made and the completion of the promise sell was submitted to the tribunal of terras. All parties (and my laywer) agree that the promise to sell is valid and still binding, and at this time the title can be awarded.
Over the years, the urbanization plan for the area changed, one of my lots was fenced off, while I tried to fence of the second of the two lots , the fence was stolen twice, so effectively the second lot was not fenced off (this will be the one that gets the provisional road). Durring the years that the urbanization plan changed I was effectively enforcing my right of ownership, I chased away family of Haitian squatters and a Dominican family trying to squat the land. I checked the land, and did not get concerned when the corner post went missing. Evidently what happened in the between years is that the Urbanization plan was changed over 6 times and in the final change had the road going through the corner of my second lot. Also an adjacent lot was redrawn to take some of the land (about 120m2 of one of my lots). Now the owner admits he has to recompensate me for the land that was sold to the other owner. But it seems the road takes precidence and I can't have that removed even though the road is only lines on an urbanization plan map.
The road is the problem I want to resolve, I can't move the road because even though there are no structures in the area, the provisional road is surrounded by sold lots (with no structures on them yet).
What I would like to do is the following
Map.
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x lot #1 =*********=xxxx Lot #2 xxxxxx
xxxxxxxx=*********=xxxxxxxxxxxxxxxx
xxxxxxxx=*********=xxxxxxxxxxxxxxxx
xxxxxxxx=*********=xxxxxxxxxxxxxxxx
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xxxxxxxx****=********************
xxxxxxxx****=********************
xxxxxxxx****=***********************
xxxxxxxx****=***********************
xxxxxxxx**** ==============
xxxxxxxxxxxx= xxxxxxxxxxxxxxx=
my lot xxxxxx=xxxx Lot #3 xxxx=
xxxxxxxxxxxx=xxxxxxxxxxxxxxx=
xxxxxxxxxxxx=xxxxxxxxxxxxxxx=
= =
= =
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The owner say he is legally empowered to move the road (as long as this does not infring on an one elses rights of ownership.
SO he proposes the following:
1) Since the plan has a sharp corner to the road, he will round the corner, thereby allowing me to reclaim some of the land.
2) He can reduce the width of the road from 9 meters wide to 8 meters wide, thereby giving me 1 more meter in depth reclaimed from the road.
Any other modification would require agreement by other owners.
What I want to do is talk to the owner of lot number 2 and pay him for a few meters of land in the corner, and giving this away for right of way for the road. By rounding the inner corner, by purchasing a mear 9 m2 or less in the corner, I could move this corner 3 meters away from my land, which would practically put the road beyond the original boarders of my lot.
The problem with this is that, this will :
1) Required agreement with the owner of lot #2.
At a rich price maybe $10,000 RD for the corner.
2) Will require a reissuing of the title for lot #2
Agrumensor to re-survey lot #2 and create a title map ( $2,500 RD) and legal paperwork to have the new title issued for the owner.
3) and all the beurocracy of moving the road (done for free by Urbanization area owner/Rep).
Any idea what the legal work for my proposed Lot#2 change might cost?
-Lee
What happened was, when I purchased in 1986 the laywer Felix Castillo Placido (who has since passed away (god rest his soul)) basically wrote up a promise to sell with financing. Now within the scheduled two years all payments were made and the completion of the promise sell was submitted to the tribunal of terras. All parties (and my laywer) agree that the promise to sell is valid and still binding, and at this time the title can be awarded.
Over the years, the urbanization plan for the area changed, one of my lots was fenced off, while I tried to fence of the second of the two lots , the fence was stolen twice, so effectively the second lot was not fenced off (this will be the one that gets the provisional road). Durring the years that the urbanization plan changed I was effectively enforcing my right of ownership, I chased away family of Haitian squatters and a Dominican family trying to squat the land. I checked the land, and did not get concerned when the corner post went missing. Evidently what happened in the between years is that the Urbanization plan was changed over 6 times and in the final change had the road going through the corner of my second lot. Also an adjacent lot was redrawn to take some of the land (about 120m2 of one of my lots). Now the owner admits he has to recompensate me for the land that was sold to the other owner. But it seems the road takes precidence and I can't have that removed even though the road is only lines on an urbanization plan map.
The road is the problem I want to resolve, I can't move the road because even though there are no structures in the area, the provisional road is surrounded by sold lots (with no structures on them yet).
What I would like to do is the following
Map.
=======*********=xxxxxxxxxxxxxxxxx
xxxxxxx=*********=xxxxxxxxxxxxxxxxxx
xxxxxxxx=*********=xxxxxxxxxxxxxxxxx
x lot #1 =*********=xxxx Lot #2 xxxxxx
xxxxxxxx=*********=xxxxxxxxxxxxxxxx
xxxxxxxx=*********=xxxxxxxxxxxxxxxx
xxxxxxxx=*********=xxxxxxxxxxxxxxxx
==========******=============
xxxxxxxx****=********************
xxxxxxxx****=********************
xxxxxxxx****=***********************
xxxxxxxx****=***********************
xxxxxxxx**** ==============
xxxxxxxxxxxx= xxxxxxxxxxxxxxx=
my lot xxxxxx=xxxx Lot #3 xxxx=
xxxxxxxxxxxx=xxxxxxxxxxxxxxx=
xxxxxxxxxxxx=xxxxxxxxxxxxxxx=
= =
= =
= =
The owner say he is legally empowered to move the road (as long as this does not infring on an one elses rights of ownership.
SO he proposes the following:
1) Since the plan has a sharp corner to the road, he will round the corner, thereby allowing me to reclaim some of the land.
2) He can reduce the width of the road from 9 meters wide to 8 meters wide, thereby giving me 1 more meter in depth reclaimed from the road.
Any other modification would require agreement by other owners.
What I want to do is talk to the owner of lot number 2 and pay him for a few meters of land in the corner, and giving this away for right of way for the road. By rounding the inner corner, by purchasing a mear 9 m2 or less in the corner, I could move this corner 3 meters away from my land, which would practically put the road beyond the original boarders of my lot.
The problem with this is that, this will :
1) Required agreement with the owner of lot #2.
At a rich price maybe $10,000 RD for the corner.
2) Will require a reissuing of the title for lot #2
Agrumensor to re-survey lot #2 and create a title map ( $2,500 RD) and legal paperwork to have the new title issued for the owner.
3) and all the beurocracy of moving the road (done for free by Urbanization area owner/Rep).
Any idea what the legal work for my proposed Lot#2 change might cost?
-Lee
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