Is it possible to make a deslinde and transfer property in an "area protegida"??
We bought a piece of land in a big "Parcela" in 2006. Unfortunately we were not lucky with our lawyers and the process of obtaining our title took to long that the land court in 2009 decided that we have to make a deslinde in order to getting our title.
In general not bad because we wanted to make the deslinde anyway.
But now we seem to have a problem because the land is located in a protected area. Of course we knew that there was/is a proetected area close, we just did not know that our property was in. The 4 lawyers we were working with and the 4 Agrimesors we were asking and working with did not know anything precisely and -as usual- kept on telling us, that it will not be a problem buying this land and building a house for our family on it. So we did build a house and kept on going for the deslinde process.
Suddenly medio ambiente discovered that there are protected areas in Samana and that people are building houses in it. Maybe because after all that building without any permissions from medio ambiente and turismo for years, some "correct" foreigners where asking for the permssion and where told to stop. The once who did not stop are facing demolition of their construcion during the last months.
The original titles of the properties are all dated back to the 90'ies, long before the law of protected areas was issued in 2004.
Can these titles be transfered?
Can pieces out of bigger parcelas be "deslinded"?
Can medio ambiente stop the transfer even if you already paid tax for it, "deposited" the papers (3 years ago!) and head a judge issuing a "sentencia" where he orders the deslinde?
What says the law regarding private property in protected areas?
Is protection ruling over private property rights?
and last but not least:
In case a transfer is denied, what are the possibilities of the buyer to get a compensation/money back/or?
In case a new law is creating a new protected area where one has property, what are the rights of the owners?
I appreciate to protection of nature and I am positive about the enforcement of existing laws.
I just do not understand that NOBODY told us and others before. That you can do all these steps (paying taxes, deposit papers, ruling of judge, permissions to build from ayuntamiento, turismo) to be stoped and left -probably- with nothing in the end.
Of course one could have asked medio ambiente, but in Samana the situation is like this, that the people who's houses in construction had been destroyed, are still waiting since 6 month, that someone of medio ambiente shows up to precise the borders of the area (in the law are just 4 points mentioned) and to talk about the problems. The only thing you see here of medio ambiente are trucks with armed military who bread down without order, identification and notice.
Investors take care where you are buying and take good legal advice!
I post these questions here because I think they are of interest for many people (and to get some info before engaging the 5th lawyer...)
We bought a piece of land in a big "Parcela" in 2006. Unfortunately we were not lucky with our lawyers and the process of obtaining our title took to long that the land court in 2009 decided that we have to make a deslinde in order to getting our title.
In general not bad because we wanted to make the deslinde anyway.
But now we seem to have a problem because the land is located in a protected area. Of course we knew that there was/is a proetected area close, we just did not know that our property was in. The 4 lawyers we were working with and the 4 Agrimesors we were asking and working with did not know anything precisely and -as usual- kept on telling us, that it will not be a problem buying this land and building a house for our family on it. So we did build a house and kept on going for the deslinde process.
Suddenly medio ambiente discovered that there are protected areas in Samana and that people are building houses in it. Maybe because after all that building without any permissions from medio ambiente and turismo for years, some "correct" foreigners where asking for the permssion and where told to stop. The once who did not stop are facing demolition of their construcion during the last months.
The original titles of the properties are all dated back to the 90'ies, long before the law of protected areas was issued in 2004.
Can these titles be transfered?
Can pieces out of bigger parcelas be "deslinded"?
Can medio ambiente stop the transfer even if you already paid tax for it, "deposited" the papers (3 years ago!) and head a judge issuing a "sentencia" where he orders the deslinde?
What says the law regarding private property in protected areas?
Is protection ruling over private property rights?
and last but not least:
In case a transfer is denied, what are the possibilities of the buyer to get a compensation/money back/or?
In case a new law is creating a new protected area where one has property, what are the rights of the owners?
I appreciate to protection of nature and I am positive about the enforcement of existing laws.
I just do not understand that NOBODY told us and others before. That you can do all these steps (paying taxes, deposit papers, ruling of judge, permissions to build from ayuntamiento, turismo) to be stoped and left -probably- with nothing in the end.
Of course one could have asked medio ambiente, but in Samana the situation is like this, that the people who's houses in construction had been destroyed, are still waiting since 6 month, that someone of medio ambiente shows up to precise the borders of the area (in the law are just 4 points mentioned) and to talk about the problems. The only thing you see here of medio ambiente are trucks with armed military who bread down without order, identification and notice.
Investors take care where you are buying and take good legal advice!
I post these questions here because I think they are of interest for many people (and to get some info before engaging the 5th lawyer...)