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deslinde
Hi, what to do if you want to buy a house which has no deslinde?
Whats the legal process to get it?
don't pay until deslinde is done by the seller.... ! Just for information purpose you may go the land registry
and go to sala de consulta with a copy of the title and a valid personal ID and you can see online if the property
has a lean on it etc.... but that info is not 100% but at least it gives you an idea.
Deslinde takes between 3 and 6 months currently...
Round Sosua that seems to be the case, but one lawyer in Puerto Plata told me it is the purchaser who needs to get it. It is better if the seller gets it, so you know you are buying something clean, but there is still a risk till it passes the hearing. There is the matter of the cost of it. Mine cost around 1000 dollars, which the seller had to pay, but I am told it is usually more than that depending on the cost of the survey based on the size of the property. I have been waiting for my deslinde documents for about 18 months now, though the hearing of approval was passed last August.
- There are still many old titles without deslinde.
- To check the status at the land registry at the sala de consulta, everyone can do that.
- The seller has to have a deslinde to be able to sell the property legally.
- Deslinde process is getting faster, 18 months is way to long. within 6 months it should be done.
- if you interested in a property and you want to know the real status, ask the seller to get a certification. The seller needs to apply for
that certification at the land registry, i think the fee is 200 pesos and it takes usually 2 weeks to be issued. This certification states the complete history of the land
i was impressed when i got one! Also i think it will be issued in SD, so i don't think it can be "created" .It is correct that there are old titles without deslinde but these are not transferable.- There are still many old titles without deslinde.
- To check the status at the land registry at the sala de consulta, everyone can do that.
- The seller has to have a deslinde to be able to sell the property legally.
- Deslinde process is getting faster, 18 months is way to long. within 6 months it should be done.
- if you interested in a property and you want to know the real status, ask the seller to get a certification. The seller needs to apply for
that certification at the land registry, i think the fee is 200 pesos and it takes usually 2 weeks to be issued. This certification states the complete history of the land
The "certificado de no gravamen" costs about 600 pesos, if you need it earlier than in 2 weeks you can pay 1,000 pesos VIP fee.
We were just told by a realtor and our lawyer, that we can sell and transfer the title we have, but the buyer will definetely need a deslinde if he wants to resell in the future. Does this make any sense?
As far as I understand it you cannot have a title in a new name until the deslinde is complete, but you can purchase with the deslinde process underway. The old title 'catastral' plans were not based on satellite measurements and there could actually be as many as 5 'original' titles, I am told [just by pretending you lost your title you could go through the process to get a new one!] My deslinde was approved last August and though we have pursued it, I am still waiting for the documentation. Consequently I am still waiting for my new title. I am told that once the deslinde is complete, it will make it difficult to falsify documentation. I am also told from various sources that some deslindes are taking two years to produce.
That is what I said earlier, a good attorney can set up the sales contract in a way that you can start the purchasing process but money is only transferred when the deslinde is done.
never forget a lawyer earns money when a property is sold ... with or without deslinde. some with less ethic tell you 'no problem - deslinde will be done afterwards' but it is very important that the deslinde was done; also by law to be able to transfer property it is necessary.
It protects the buyer... here is a link how much different certifications cost http://www.ji.gov.do/webji/contenido/servicios/tasas_por_servicios.aspx
also on that page you can read about deslinde. It seams that some people don't understand what deslinde means....
When the law about deslinde came into act the whole process took some time, but now it much faster. 6 months max....
It protects the buyer... here is a link how much different certifications cost http://www.ji.gov.do/webji/contenido/servicios/tasas_por_servicios.aspx
also on that page you can read about deslinde. It seams that some people don't understand what deslinde means....
When the law about deslinde came into act the whole process took some time, but now it much faster. 6 months max....
You have a point, though I would like to ask you if that does indicate that the vendor is responsible for processing the deslinde or the buyer. Being a first timer in actually purchasing properties in the DR I do find most statements made here about who has the responsibility of processing the deslinde quite confusing.
Let me ask you this please...In my case I am at the stage where I have been presented with a promise of purchase by a reputable broker which I have not signed yet referring to a listing of 2 lots which, advertised by the vendor, are for sale only together. He has 2 seperate titulos but obviously no deslinde otherwise he would not let them go as one transaction. So far so good...
Now I have involved of course a lawyer to process the due diligence and lets assume the lawyers title search results into "free of any liens" should I proceed with the transaction put funds in the lawyers escrow account but make sure the lawyer prepares a clear sales contract which indicates that no money will be released until the vendor has completed the deslinde?
Or again do I have to take care of processing the deslinde...
My experience was this. I "sold" my property. My deslinde was in process. At closing, I received 70% of the proceeds. When the second step of the deslinde process was reached (court date), I received 15% more. When the third step of the process was complete, the remaining funds were transferred. All funds were deposited, upon closing, and held in escrow for the full amount of time.
This, my lawyer and the buyer's lawyer told me, was standard procedure.
I did have a title prior to the deslinde process.
Get a good lawyer who can explain it all. Ask the lawyer to give you references of others who have gone through the same process. Know that problems can crop up in the interim. For me, it was a disagreement regarding a final electric bill. The disagreement came up about 3 months after I had paid the bill. I was told they would take the funds out of the final payment. Rather than invite that negative energy into my life for that period of time, I simply paid the amount they claimed I owed and avoiding the additional legal fees.
You must know going into it, there will be issues until everything is resolved. And you should have available a small slush fund to cover any issues. Otherwise, it might cost you much, much more in lawyer fees. And that does not take in the emotional cost.
Good luck.
Lindsey
This, my lawyer and the buyer's lawyer told me, was standard procedure.
I did have a title prior to the deslinde process.
Get a good lawyer who can explain it all. Ask the lawyer to give you references of others who have gone through the same process. Know that problems can crop up in the interim. For me, it was a disagreement regarding a final electric bill. The disagreement came up about 3 months after I had paid the bill. I was told they would take the funds out of the final payment. Rather than invite that negative energy into my life for that period of time, I simply paid the amount they claimed I owed and avoiding the additional legal fees.
You must know going into it, there will be issues until everything is resolved. And you should have available a small slush fund to cover any issues. Otherwise, it might cost you much, much more in lawyer fees. And that does not take in the emotional cost.
Good luck.
Lindsey
A deslinde is a "separation" of one piece of land from another, typically larger, piece of land in order to create a distinct and unique legal description (survey and title) for "new" land. If you are buying 2 lots and each lot has its own unique title then a dislinde must have been done on each of them. In my opinion, it is not necessary to do another deslinde to "rebind" them into a single title unless you chose to do so (assuming they are adjacent).
Hope this helps!
Currently own a home and adjacent property in puerto plata for 8 years now. Would like to get a deslinde on each for possible sale in the future. A dominican lawyer and friend for 8 years spoke to a surveyor that he knows. With a discount, the surveyor wanted 90,000 pesos total for the 2 pieces of property. (separate titles) My lawyer and friend also said that a lawyer was not necessary.