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Thread: Construction Within Linderos

  1. #1
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    Question Construction Within Linderos

    PJT would like to know what the law is regarding linderos, the land limits abutting a boundary line as to what improvements can be authorized within the linderos.

    Most everyone knows that construction cannot be done within the linderos, although there are exceptions. However, it is not common information exactly what is the law and what are the exceptions.

    PJT wants to advise an associate from fact rather than common information about what can be done about the finished construction of an annex to his associate’s neighbor’s house; we suspect it to be a maid’s room. The annex connects the then preexisting side of the neighbor’s house to the former four foot high concrete block wall that formed the boundary between the two properties; the space between the boundary wall and the house side been made into the maid’s room. The lindero on the associate’s side of the wall is only one meter, so he is now staring at an eight foot + side of a house outside his windows.

    The associate’s property is in a gated residential area. The residential developer and administrator have regulations regarding construction within the residential and the regulations are part of the purchase and sale contract when they are the seller. However, when properties are then resold the regulations are sometimes not added to the resale document. The new owner supposedly is not aware of the residential construction regulations.

    The neighbor did not purchase directly from the developer/administrator and feigns ignorance of the regulations and set about doing his construction activities. Yet, the neighbor is an engineer and to feign ignorance is beyond credibility.

    The local municipality (municipal engineer) and the residential administrator have been notified by PJT’s associate of the activity. The administrator says he has notified the neighbor of his irregularity and is waiting for a response. The municipality has washed its hands of the matter, saying it is something that has to be worked out between the residential and the neighbor. PJT’s associate says he would like to sue; however, he feels it should be up to the administrator and the municipality to pursue the matter, there is a permit process needed for construction, both parties took a blind eye, they should have been monitoring the residential to prevent the irregularities as he has been paying them maintenance fees and taxes to perform.

    PJT asks again, what is the law? Does the municipality have jurisdiction over the matter and that they were only “passing the buck” not taking responsibility? Can the residential and/or the municipality force the neighbor to remove the annex, restore the boundary to its original state?

  2. #2
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    "Linderos" are governed by statute (Ley 675 of 1944, as amended), not by municipal ordinances. Constructions must go through an approval process that ends with a construction license issued by the Ministry of Public Works. Your builder should know the exact requirements, assuming he's doing the construction legally.
    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


    [email protected]


    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.

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