Deslinde - is it legally required to sell?

From mr Guzman's website:

http://drlawyer.com/espanol/procedi...iliarias-a-partir-del-dia-4-de-abril-de-2009/

We bought our property in 2013 and it had no deslinde, but we had the price reduced and did the deslinde as part of the sale and title transfer process.

Matilda

AlterEgo said:

Sr. Guzman, we need clarification on the deslinde requirement. I was under the impression that one is required in order to sell a property.

Someone claims it's not required to sell if you bought before June 2016. We bought 1978.

Is there a legal requirement of a deslinde in order to sell our property?

Thank you.

Click to expand...

I am that 'someone' and would really like clarification also regarding the property which we bought in June 2006 (NOT 2016)
which, currently, has no deslinde in place?

AE, your impression is correct.

I would translate the title of the link from Dr Guzman's site this way:

A property survey is required for all property transactions starting from April 4, 2009.

A "deslinde" is a property survey (a demarcation) . Any property sale done now needs a "deslinde".

In that link it also says this:

As explained above, from the day April 4, 2009, the transfer of property rights shall be prohibited on land that is not demarcated.

whirleybird said:

I am that 'someone' and would really like clarification also regarding the property which we bought in June 2006 (NOT 2016)
which, currently, has no deslinde in place?

Click to expand...

There is an exception to the title transfer prohibition on properties that have not yet been demarcated ("deslinde"). These properties are allowed to be transferred
only once before undergoing the demarcation process, if:

A. The provisional title ("Carta Constancia") in question was issued before April 2nd 2007; and,
B. The land being sold is the last remaining portion of that provisional title ("Carta Constancia").

The conveyed title will be issued as a nontransferable provisional title. This new owner would have to demarcate ("deslinde") the property in order to obtain
a definitive and transferable title.

Matilda said:

We bought our property in 2013 and it had no deslinde, but we had the price reduced and did the deslinde as part of the sale and title transfer process.

Matilda

Click to expand...

That's correct. While it can be risky in some troubled parcels and subdivisions, certain buyers willing to take greater risks proceed to purchase non-deslinded properties
by either requesting a price reduction or leaving a final payment in escrow to be released to seller only after the deslinde process has been finalized and
definitive title is issued to buyer.

In an attempt to obtain a survey and deslinde two or three years ago, our abogado and surveyor indicated to us that we could not get one...yet...because all of our property and home is mostly located within the 60 meter line from the ocean.
Maybe things have changed now......???