Deslindes will be mandatory beginning April 2009

laura42

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Aug 19, 2009
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Su respuesta es preocupante sea para un inversionista sea por un pa?s que vivas de ?ste. ?Luego usted quiere decir que los extranjeros tienen siempre intimar tambi?n de abogados acreditados a las embajadas! ?ste es realmente feo no es una buena imagen por un pa?s, yo podr?a entender si hubiera confiado en el primer abogado encontrado por la calle. Este abogado me dijo que control? el t?tulo viejo, (tengo siempre conmigo copia de ello), y que s?lo tuvo que pagar una hipoteca al banco. Una vez cerrada la hipoteca y depositado el contrato de adquisici?n con la solicitud de emisi?n de nuevo t?tulo se habr?a concluido el todo. En todo caso ahora no me queda otro que pagar por su incompetencia y nada m?s, espero solamente que este hecho haga reflejar la categor?a de los abogados en rep?blica dominicana que no podrian trabajar en otro pais as? y los inversionistas extranjeros. Gracias a todos. Confio solamente en Dios. Laura.
 

MikeFisher

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Feb 28, 2006
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en caso este abogado especifico es acreditado a una embajada sea buena idea informar la embajada de las practicas del abogado recomendado y tambien sea buena idea publicitar el nombre del abogado aqui en el publico.
asi invercionistas del futuro tienen la informacion propia y pueden dejar este abogado afuera de los negocios.

muchos a?os pasados una pareja amigos mios de alema?ia hiciron sus recidencias con asistencia de un abogado recomendado por la embajada Alemana. el trabajo fue bien hecho pero pagaron algunos 8 a?os pasado (3500.- USDolares cada uno para este residencia.
en el mismo tiempo la Sra abogada dominicana mia cobro para la misma residencia bien hecho solamente 600.-USDolares.
pero ellos tenian mas confianza en el abogado recomendado por su embajada cual hablo su idioma, porque tuvo practcando para muchos a?os en alema?ia anterior y estaba presente en las fiestas y eventos de sus amigos de la embajada cuales recomndan siempre sus amigitos.
este costumbres de amistad en este casos de algunas embajadas es en mi opinion iresponsable y uno tiene informar el publico de este practicas para otras personas sepan quien es bueno y quien es malo.
Mike
 

wimbleton

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Apr 15, 2009
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deslinde exceptions PROPERTY IN CORPORATIONS

Excellent info! I suspect there is going to be a lot of contests (read fighting) to property lines going forward.
IF YOUR PROPERTY IS IN A CORPORATION YOU WILL NOT NEED IT SINCE YOU ARE NOT SELLING THE PROPERTY ,YOU ARE SELLING SHARES .
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'rePROPERTY IN CORPORATIONS DONT APPY
 
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Mercy

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Feb 18, 2002
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Hi Fabio,
I have a very important question referring to property. My grandmother died fifty plus years ago. My grandfather had passed away very young living my twenty some years old grandma with seven children. Because he was still in his 20's as well and his parents were still living, he did not get property titles, my grandmother did (after her in laws passed). At this point she had remarried, but she got the title (for my grandfather's inherited property) on her own name. A few years ago, the lot across from my parents house was sold by a neighbor to some unknown people. The seller continued the business and sold about ten lots already. Nice houses have been built there. According to the byers, he gave them titles for the lots, but needed some signatures from a such lady -who happened to be my grandmother-. Happens that the lots are all part of the same plan own by my late grandmother's heirs. There were a couple of lawyers that we know involved in the making of false titles for that property and now my family has a big to do with the mess. What do you recommend?
Thanks a bunch for your advice.
Mercy
 

teresia

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Sep 4, 2002
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Buying without deslinde dec 2009

Just want to clear something about the deslinde.
Some realestate agents and lawyers are now selling propertys without deslinde, saying that you as a buyer can fix that later.

Now i wonder, is this legal ?
If so what problems can you get in if you buy without deslinde
and then has problem with doing the survey?
 

MikeFisher

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Feb 28, 2006
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the only advice to such is:
do not and never ever buy/pay/prepay/deposit any piece of land/property/building/condo unless the 'lawyer/real estate agent' can show you all the papers done and sealed.
you never know in what trouble a property been involved or is involved.
it is THEIR responsibility to get the legal papers done and sealed BEFORE they even offer property for sale.
do never ever trust the word of a lawyer/specially of a real estate sales agent,
let them show you the complete papers or do not even start to negociate with such suspets offering land which is not theirs.

otherwise you pay big bucks for property/house/condo etc and one sunny day somebody shows up with real papers which state it is His property, or the gubmin sends you an invoice about some debts/open tax bills etc and you as the actual owner of course will have to pay those lil extras.
Mike
 

teresia

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Sep 4, 2002
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Thank you Mike!
So depositing 50% with the condition to pay the rest when the deslinder is done is not an option?
 

La Mariposa

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Jun 4, 2004
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Just want to clear something about the deslinde.
Some realestate agents and lawyers are now selling propertys without deslinde, saying that you as a buyer can fix that later.

Now i wonder, is this legal ?
If so what problems can you get in if you buy without deslinde
and then has problem with doing the survey?

Read the first post(by Dr. Guzman) in the thread:

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?.
 

La Mariposa

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Jun 4, 2004
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exactly my point.
i would never pay a cent advantage for property/house/condo etc as long as the by law required papers are not done properly.
Mike

Exactly my point too. When I sold my property in 2008 the 2 first things the buyer (a dominicana bank director) asked me was if I had the title for the property and the deslinde.
 

jrhartley

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Sep 10, 2008
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did we get an answer on what sort of cost we are expecting for this on the average plot size
 

kevadair

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Nov 9, 2007
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Lic. Guzman,

I have a question relating back to a previous answer from you and relating to this category. It is my understanding the Certificate of Inheritance that you referred to in the other post is a separate document from the deslinde. So when you buy a property, do you really need three things: The Title, the Deslinde, and the Certificate of Inheritance? Or, are the new titles final legal true titles to the land? In other words, after a Dislinde is issued under the new law, can potential heirs of deceased people, whose names have never been on any title, still come back to have a claim against a property? Or is the Dislinde the final word on the subject?

Thanks,

Kevin Adair
 

Fabio J. Guzman

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Jan 1, 2002
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If you buy the property from the estate, you will need to have the "determination of heirs" done.

If you purchase the property from a person who bought from the estate, you will not need the "determination of heirs". Furthermore, you will be protected from any "forgotten heirs" by the "third-party of good faith" rule.
 

Nick.L

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Dec 31, 2009
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good information about deslinde, Anybody knows about the property law in DR that requires to build a house on the lot in 2 years ? Talked to one person in DR and she mentioned that, wondering if this true? Hard to believe it, knowing that it takes time to build a house. Thanks
 

Eddy

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Jan 1, 2002
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good information about deslinde, Anybody knows about the property law in DR that requires to build a house on the lot in 2 years ? Talked to one person in DR and she mentioned that, wondering if this true? Hard to believe it, knowing that it takes time to build a house. Thanks

There is no such law to my knowledge. However, if you purchase a property in an organized community i.e. Gated community, certain stipulations could be part of the sales contract. ?Obligation to start construction and complete it within a designated time frame, type of construction, choice of contractor etc.?
 

kevadair

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Nov 9, 2007
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Are more details available?

If you buy the property from the estate, you will need to have the "determination of heirs" done.

If you purchase the property from a person who bought from the estate, you will not need the "determination of heirs". Furthermore, you will be protected from any "forgotten heirs" by the "third-party of good faith" rule.

Lic. Guzman,

Thank you for your continued attention to this matter, and Happy New Year. Could you elaborate more on the "third-party of good faith" rule? Is there a law registration number that I can look up, or a previously decided case record?

Thanks again,

Kevin
 

rover

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Aug 19, 2007
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I am looking into a property and when I asked for a copy of the title to the property the 'abagado" who claims to be representing the seller wrote me that the owners do not have a title to the property but what they do have is

" documentos emitidos por el Ayuntamiento Municipal de esa comunidad "

Anyone have any knowledge of what this is ????
 

mart1n

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Jul 13, 2006
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In the countryside the cost of getting a dislinde is more that the cost of the property