Another Deslinde Question

jabejuventus

Bronze
Feb 15, 2013
1,437
0
0
Over the past year I’ve made a number of inquiries regarding an impending deslinde. Most recently, Bronzie related to a question with her personal experience and Mr. Guzman confirmed the law involved. This feedback gave me needed confidence in subsequent meetings with surveyor(s) [agrimensor(es)] and my own lawyer. Thank you for that.

Today’s concern is equally crucial, if not more so. Of the 567 tareas assigned to me by Conditional Title (Constanza Anotada), 37 are unaccounted for. The surveyor found that a well-known retired Major League Baseball pitcher is encroaching on my property. Resolution here is simple (or at least should be straightforward).

There exists, however, another individual with a Constanza on record for a purchase of 52 tareas in the same parcela as my 567 tareas (not deslindada), but my surveyors are indicating that he is only occupying 38 tareas therein. In other words, he is also short 14 tareas (the record shows that yes, the original parcela area comprised of 567 + 52 = 619 tareas).

Question: Since I am commencing deslinde of our parcela , do I have priority over the location of my missing 37 tareas over my neighbors missing 14, assuming that the re-appropriation of the missing tareas (51) is validated in court? In other words, I am looking for a legal advantage that says, okay, since you are initiating this deslinde you have priority to choose placement of your missing piece of land on the map before your neighbor does.

A possible salient point is that the record shows that my neighbor’s purchase of land in our parcela predates my own.

Help.
 

mido

Bronze
May 18, 2002
1,522
14
38
Will not work this way, since your neighbors have to agree with your boundaries before the survey gets registered.
 

AlterEgo

Administrator
Staff member
Jan 9, 2009
23,100
6,249
113
South Coast
We're dealing with the same thing - we are supposed to have 15 tareas, but the survey shows 14. We were willing to just accept the 14 in order to proceed, but were told we can't do that, the missing tarea has to be found. In our case, none of the bordering properties have deslinde.
 

Criss Colon

Platinum
Jan 2, 2002
21,843
191
0
38
yahoomail.com
ANY information here is anecdotal at best, and speculation at worse.
Don't "Muddy" your brain with what you read here.
You have a HUGE property worth millions of pesos, GET To GUZMAN NOW!!!!!
CCCCCCCCCCCCCCCCCCCCCCCCCCC
 

Chip

Platinum
Jul 25, 2007
16,772
429
0
Santiago
I expect the deslinde process will follow normal international boundary conventions and is hierarchal in nature. For example, recorded deeds and documents will have precedence and will be vetted first with the goal of nullifying any falsified documents. In the event that there is a conflict between border properties the normal solution is to find a compromise between the property owners. While I am not a surveyor here in the DR I have worked for and with surveyors for more than 20 years.

Also, the surveyor you have contracted should be able to explain the process (I know you are bilingual) and if he can't adequately I would seriously consider getting another surveyor. I have one that is qualified here in the Santiago area if needed.
 

Criss Colon

Platinum
Jan 2, 2002
21,843
191
0
38
yahoomail.com
"Hierarchal" means "NADA" here in the DR in property disputes!!!!
"Higher Bank Account" ...DOES!!!!!!!!
The one with the most money WINS!!!!!!
"Lawyers & Judges" :bandit::bandit::bandit::bandit::bandit::bandit:aren't cheap these days!!!!!!
Let me rephrase that, They are "Cheap", it just costs a lot to buy them!!!!
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
 

DR_Guy

Bronze
Feb 17, 2010
891
81
48
If you want the other areas, you will need to buy them back or face a long process that u probably won't win. Source: Been through it.
 

william webster

Platinum
Jan 16, 2009
30,247
4,329
113
"Retired Pitcher'.............. my ass, he's still throwing curveballs !!!

Seriously, this has got 'Court House' written all over it

DR1 is not a consultant to these intricate affairs... and shouldn't be , cannot be

Run, don't walk to a lawyer of your choice.
 

lovemedo

New member
Nov 3, 2013
182
0
0
here is my 2 cents from my vast (cough cough)experience

begin the deslinde process
During this process the neighbours will be contacted by the surveyor / and or notified of your intention to deslinde your property.
a sign is erected asking all people that have a problem with the deslinde to nofify the surveyor/government. if there is no problem the neighbours shall be asked to provide a signature stating that they agree with the boundaries.
once aggreement has been reached the deslinde shall proceed
court date- all interested parties that disagree with the deslinde can voice their concerns
The judge shall make a judgement then and there awarding you the land or the other parties or a combination etc etc
the judge bangs his hammer and it is final
no person can take your land or alter the governments GPS computer record of your property. Please be aware that the surveyor may not accurately insert your points into the GPS govermental records..... BEWARE. But may tell you it was done as you desired. This happened to me and was found by my lawyer.
Use a reputable lawyer...... use a reputable lawyer.... pay extra to get the best .... pay extra to get the best
Remember these surveyors are people closely akin to peasants. They are poorly educated, come from the lower ranks fo society, believe near enough is good enough etc. Do not expect excellence, triple check their work, go with them as they survey your property...... tell them where your understanding of the lands boundaries are. Do not let them make any decisions for you and or on your behalf. I REPEAT USE A REPUTABLE LAWYER AND WATCH THEM TOOO
 

lovemedo

New member
Nov 3, 2013
182
0
0
You will not win in court
i have been through it
settle or buy it from him, or accept it as a loss.
 

santa110xyz

Active member
Oct 25, 2005
571
0
36
We're dealing with the same thing - we are supposed to have 15 tareas, but the survey shows 14. We were willing to just accept the 14 in order to proceed, but were told we can't do that, the missing tarea has to be found. In our case, none of the bordering properties have deslinde.

you can proceed with the 14 tareas. none of your neighbors will give you a tarea, so it will be endless in court.
some lawyers tell you that you can not proceed to have more work and income to represent you in court, which
for sure will take 10 years.
there is no way after so many years, before the gps supported desilinde to find the culprit who moved your fence.
i know cases they proceeded and all went fine.