Deslindes are property lines not who owns.. you need deslinde to transfer title so no more bickering on property lines or your bananas are on my property situation.. old Days put fence up mine!!
- Thread starter Russell
- Start date
Is A Clear RD Title Really A Legal Document?
Correct. You need a deslinde to get a title. Once you have a title you're in like flint.
Having said that........ My neighbor bought some land with a deslinde and a title; part of a big plot of land that was divided up into lots.
He is almost finished with the construction of his new home.
The other day a person came by and told him he's building on their property. Impossible, right?
Turns out it's a big plot of land with a definitive title in the Santo Domingo office.
The same big plot of land has a definitive title in the San Cristobal office.
Both are older completely legal titles but it gives you an idea of the type of thing that can happen.
I'm am repeating what my neighbor has told me and has shown me the documents. I have no idea if one of the documents is forged but I wouldn't be surprised.
That's the whole idea behind the entire deslinde process and why it was implemented.
this was deslinde 20 yrs ago... this is how I learnt dead sticks planted , turn into trees here..I thought it was miracle a wonder how a dead piece of wood grows in tree..
You see that all over the island. If they're truly dead they don't grow, but if they are freshly cut trees used for posts they'll sprout in a few days.
My long time Dominican friend told me they use them because the roots make them much harder to pull out.
So if you have a deslinde and want to build a wall, can you build it dividing the line, half on half off your property.
I assume if a neighbor comes along he's not going to object to a block wall a few inches onto his property if was free ?
Unless he's a dyed-in-the-wool prick or looking to extract money from you for 'damages'
I assume if a neighbor comes along he's not going to object to a block wall a few inches onto his property if was free ?
Unless he's a dyed-in-the-wool prick or looking to extract money from you for 'damages'
Once you have a deslinde, they issue you a blue title. It’s more than your gps lines, they also do a title search and put up a sign so anyone who wants to object can.
If I were to build a wall on a property here I would make sure it is entirely on my property. If they want to paint it on their side be my guest but I'm not giving them ammunition.
OMG when we built the wall on the beach side of our property, we used a local guy everyone knows. As soon as the base was dug, they started complaining. Then the old grandmother, probably 90 at the time (she just turned 100) came over and started in about the wall being on their side. They didn’t want it because they said it was going to block the breeze and make their property flood when it rains. 🙄. One of them threatened to knock holes in it with a hammer. All this, mind you, before one block was laid.
They finally let him get on with his work, and there are no holes in the wall.
It does not matter what happened 50 years ago. If you purchased in good faith, based on the information then recorded at the Registrar of Titles, you will be OK. I'm copying below two paragraphs from an article I recently pubished:
"Since 1920, the Dominican Republic has employed the Torrens system for real estate registration purposes. This system was developed in Australia in the 19th century and is now widely used in many countries. In the Torrens title system, a register of land holdings is maintained by the government, which guarantees an indefeasible title to the properties included in the register. Land ownership is transferred through registration of title instead of using deeds. The registrar has a duty to ensure that only legally valid changes are made to the register. Any interest affecting or limiting the ownership rights of the registered owner, such as mortgages, easements, liens, etc., must also be registered. Interest in real estate (property, mortgages, privileges, etc.) is only valid and enforceable against third parties upon registration at the office where the register is located (called ‘Registry of Titles’ in the Dominican Republic). Once registered, the system guarantees title and priority on a first come, first served basis.
In the Torrens system a third party, acting in good faith, can rely on the information in the land register as to the ownership of a property and the other rights and interests that may affect it. In a property purchase, the buyer is not required to look beyond the record in the register. In contrast, in the common law system a vendor cannot transfer to a purchaser a greater interest than he or she owns, and the seller’s title is as good or as defective as the weakest link in the chain of title, which necessitates a chain-of-title investigation at the record office".
Of course, the above does not mean that you can prevent somebody from suing you on preposterous grounds. However, the case won't go anywhere.
"Since 1920, the Dominican Republic has employed the Torrens system for real estate registration purposes. This system was developed in Australia in the 19th century and is now widely used in many countries. In the Torrens title system, a register of land holdings is maintained by the government, which guarantees an indefeasible title to the properties included in the register. Land ownership is transferred through registration of title instead of using deeds. The registrar has a duty to ensure that only legally valid changes are made to the register. Any interest affecting or limiting the ownership rights of the registered owner, such as mortgages, easements, liens, etc., must also be registered. Interest in real estate (property, mortgages, privileges, etc.) is only valid and enforceable against third parties upon registration at the office where the register is located (called ‘Registry of Titles’ in the Dominican Republic). Once registered, the system guarantees title and priority on a first come, first served basis.
In the Torrens system a third party, acting in good faith, can rely on the information in the land register as to the ownership of a property and the other rights and interests that may affect it. In a property purchase, the buyer is not required to look beyond the record in the register. In contrast, in the common law system a vendor cannot transfer to a purchaser a greater interest than he or she owns, and the seller’s title is as good or as defective as the weakest link in the chain of title, which necessitates a chain-of-title investigation at the record office".
Of course, the above does not mean that you can prevent somebody from suing you on preposterous grounds. However, the case won't go anywhere.
You do a gps deslinde and go through the new process in order to receive the new clear title. It's not just a simple matter of doing a deslinde(survey). The new process takes months and costs way more than a simple deslinde(survey).
Thank you Sr Guzman for a very well explanation on the DR title system.
My question is when you say"...... guarantees title and priority on a first come, first served basis" does this mean when they are duplicate titles or as in post 22 same property register in 2 different registrar that the older registry determines ownership.
I understand that individual cases maybe more complicated than that but I am asking in general as this seems to happen in the DR.
Thank you for your opinion.
Xtraveller
Disclaimer: I used your firm for my properties purchases and everything is perfect.
It’s not a new process it’s been in place over 5 yrs...months try at least 1-1.5 yrs depending where you live...then you have to wait another yr to be heard my court of registrar where a judge clears title transfer and check where money came from to pay...cash = illegal buy land here....plus in some circumstances you are not required and get a one time pass on deslinde but that’s another thread..
This probably explains why the vast majority of properties for sale here don't have titles. I am always amused by folks who want to sell me a house worth millions without a title.
Well we had an extra wrinkle. We wanted my name added to the title. We were married when it was purchased but it was only in Leo’s name. Back in the olden days when we were married, NYC issued a marriage license and then the actual marriage was recorded and signed on the reverse side. That’s the marriage certificate. It was changed in 1996. They didn’t believe it was a certificate and made us produce about 15 other documents with both our names. (Kids birth certs, car titles, deed to our house, insurance papers, you name it). All that added close to a year.
"New" as compared to the old process. It started sometime in 2009. Time can vary wildly. A friend of mine got his deslinde done on a small lot in Gaspar in about 4 months.