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Thread: Deslindes will be mandatory beginning April 2009

  1. #1
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    Default Deslindes will be mandatory beginning April 2009

    As you may all know, the new Property Registry Law (Law #108-05) that has been in effect since April 4, 2007, and its enabling regulations, have drastically changed Dominican Real Estate law. One essential element of this modernization has been the requirement of a “deslinde” for all real estate transactions: purchases, sales, mortgages, condominium formation, etc.

    A “deslinde” (“segregation” in English) is the legal procedure by which a portion of land within a parcel is segregated from all the other portions within the same parcel. In other words, the deslinde procedure converts a provisional title that guarantees the property right of ownership for a portion of land within a bigger parcel into a definite title that guarantees the ownership of an individual parcel. The result of the procedure is that the segregated portion will become its own parcel with its individual cadastral designation, guaranteed by a definite title. The majority of jurisdictions around the world only recognize and register segregated portions of land and do not allow any transactions of portions of land that are not segregated. The purpose of the new Property Registry Law is to reach exactly the same level of sophistication and security as these modern jurisdictions have had for a long time: no recorded property rights without a deslinde.

    The deslinde requirement introduces such a profound change to the Dominican land registry system that the law establishes a transitional period – from April 4, 2007 until April 4, 2009– during which real estate transactions of properties without a “deslinde” are still possible, although severely restricted. Beginning April 4, 2009, however, real estate transactions without a deslinde will be prohibited. This means that from that date forward, the Registrar of Titles will not record any real estate transaction of a property without a “deslinde”.

    Although this itself is a small revolution –in the past most property transactions took place without a deslinde– the modernization of the Dominican Property Registry Law goes much further. The procedure itself has been significantly modified. Under the new law, the surveyor has to use G.P.S. coordinates to segregate the property. In addition, it is now mandatory that the deslinde go through a judicial phase at the First Instance Land Court, requiring assistance by an attorney, as opposed to the old system, when the vast majority of the deslindes were handled administratively without contradiction, giving rise to widespread fraud. The current procedure is divided into three phases:

    1. The “survey phase”. A certified surveyor measures the property using G.P.S. coordinates, after having given notice to all the owners of the neighboring properties. Once finished, the survey is submitted to the Regional Survey Office (a dependency of the Superior Land Court) for review. If approved, the Office provides the new parcel with a new cadastral designation and allows the procedure to continue to the second phase.

    2. The “judicial phase”. The deslinde goes to the First Instance Land Court where neighbors or any interested third party may object to the deslinde. Parties must be represented by attorneys in this phase. After debate, the Judge rules on the deslinde petition. This ruling is subject to appeals. If the deslinde is approved, the Judge authorizes the Registrar of Title to cancel the old provisional title and to issue the new definite title with the new cadastral designation.

    3. The “registration phase”. The Judge’s ruling is executed by the Registrar of Titles cancelling the old provisional title and issuing the new definite title.

    As mentioned, beginning April 4, 2009, real estate transaction of non-“deslinded” properties will be prohibited. Our recommendation, therefore, is for you to check if you own any property without a deslinde, and if you do, or are not sure if you do or not, contact your real estate attorney in order to assist you in this matter.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    info@drlawyer.com


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

  2. #2
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    As always, a very well written, easy to understand update for all of us! Thanks for taking the time to keep us informed.

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    How are condos viewed within this new law?

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    Excellent info! I suspect there is going to be a lot of contests (read fighting) to property lines going forward.

    In the city I see a lot of properties with common walls, abutted walls or walls built over neighbor's air space.

    In the countryside, I have seen movable picket fences, streams, tree lines routinely used to delineate property lines.

    It'll be nice to actually know the extent of what you're buying without doubts being raised by the neighbor - 'eto e mio, coño.

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    Default Get on the wagon fast.

    Even though there are several surveyors offering the services, only a few are qualified for GPS work. These elite few are very busy with their own clients so don't have much time for "sub" work. Do your research and select a firm that doesn't have to give out the contract or expect to wait for a long time.

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    Default Moved from other thread as requested

    Originally Posted by J D Sauser
    I am hearing mixed and vague interpretations about the April 2009 deadline regarding deslindes.

    What is it exactly about?
    What will the process of owning, selling or acquiring land, lots, homes and horizontal property look like, when there has been no deslinde performed nor applied for after the mentioned deadline?
    Thanks! ... J-D.
    What it looks like is if you do not have the deslines or title, you will not be able to sell your property after April 2009.

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    Quote Originally Posted by SKY View Post
    Originally Posted by J D Sauser
    I am hearing mixed and vague interpretations about the April 2009 deadline regarding deslindes.

    What is it exactly about?
    What will the process of owning, selling or acquiring land, lots, homes and horizontal property look like, when there has been no deslinde performed nor applied for after the mentioned deadline?
    Thanks! ... J-D.
    What it looks like is if you do not have the deslines or title, you will not be able to sell your property after April 2009.
    Thanks... I just realized only now that there was this sticky thread to this very subject.
    It's funny, I was talking about this very subject three times this week... seems the word is getting around.

    I think my questions have been answered.

    ... J-D.

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    Quote Originally Posted by Abuela View Post
    How are condos viewed within this new law?
    Fabio will answer this I am certain but my understanding is that post April 2009 even condos will have to have the deslindes completed BEFORE you can offer them for sale. Of course this will drastically increase the price of up front development costs since you could be looking at getting 50+ separate deslindes before you can sell anything. Ouch!

    But...maybe I'm wrong...Fabio?...Julio...mommy?

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    Who pays for the deslinde process (seller, buyer, both)? And how long does the process usually take?

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    Question surveyors and deslinde

    Quote Originally Posted by Eddy View Post
    Even though there are several surveyors offering the services, only a few are qualified for GPS work. These elite few are very busy with their own clients so don't have much time for "sub" work. Do your research and select a firm that doesn't have to give out the contract or expect to wait for a long time.
    Can you recommend one?

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