Registered Survey Corrections

rendul

Bronze
Feb 24, 2002
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Just one question about a registered deslinde survey but not accepted by client. Any insights or rules would be welcome. A survey for our deslinde was performed and registered. Unfortunately the survey shows different boundaries than the original survey. Can this new registered survey be amended/corrected to the original survey boundaries and be reregistered?

This is urgent and frustrating. This is the straw that broke the camel's back!
 

cavok

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Jun 16, 2014
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Probably best answered by a lawyer or, if your Spanish is good enough, maybe you can ask at the Tribunal de Tierras. In general, these new deslindes are "final" and assigned a unique property I.D. number.

These were done because there are so many erroneous dislindes and titles here in the DR. I've heard that there are titles for twice as much land as actually exists here in the DR.

If, in fact, the dislinde you have now is wrong, my guess is that you would have to do the process all over again because you will be claiming title to a parcel with different boundaries that could be disputed.
 

rendul

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Feb 24, 2002
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Thank you for your response. I have the original survey but this deslinde survey has moved the entire property boundaries one way by about 2 1/5 feet. On one side he took away 2 1/5 feet and the other side he moved it 2 1/5 feet into the next vacant lot. Should he have been given the original as a comparison? If he had been given it would he have aligned to the original or used the degree markings that were put on the original? If there was negligence on the part of the lawyer, by not providing the original survey, is the onus on them to redo and correct it all? Should I consult with another lawyer before I go into another deslinde? What a mess! A lot of money for a ton of B.S. and no one will take responsibility!
 

william webster

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Jan 16, 2009
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A Question....

Is it possible you need to determine which survey is correct?
Could the first have been the error, corrected by the new, GPS survey methods?

Just a thought.....
A bit of a mess , in either case
 

rendul

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Feb 24, 2002
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The original survey was done in about year 1995. All the lots and buildings have been built in the neighborhood based on the originals. This new survey was done using the GPS. No other properties seem to have been affected like ours. I can see another dispute coming from the owners of a vacant lot next to us now that they are trying to sell the lot. I don't know where the onus lies and I can't seem to trust the lawyer as I have already been lied to. They could be giving me incorrect information to take the onus off them of footing the bill of having to redo it and changing it with the Registry. How do I find out where the onus or final authority lie? Should I speak with another lawyer, not something I relish given the missteps and costs incurred already.?
No kidding! What a mess!
I guess what it works out to is what does the registry law say?
This is horrible and frustrating!
 

AlterEgo

Administrator
Staff member
Jan 9, 2009
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South Coast
A deslinde process is like opening a can of worms. Our property has 15 tareas. Surveyor says we actually have 14. There are about 8 neighboring properties, none deslinded, I doubt we'll ever find our missing fares. The machetes will come out if we try.
 

cavok

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Jun 16, 2014
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Every surveryor is supposed to do their own survey - not rely on a previous one. I know of many cases even in the US where a previous survey was incorrect.

The DR went to GPS surveys because they are supposed to be the most accurate, but it will only be as good as the surveyor who is using the equipment.

In the past many surveys were based on a rock or tree that no longer exist. Without knowing all the details it's hard to say, but it sounds to me that, if there is an error, it's the surveryor who is responsible.

I would talk to someone at the Tribunal de Tierras first, and then you might need to consult with another lawyer to determine how to best proceed.
 

rendul

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Feb 24, 2002
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I think that is what I need to do. I assume the Tribunal does ot accomodate English? I would have thought that if the original was wrong but it was an established property where the total square meters is the same the original survey as designed not using the GPS on it would have some impact. The original survey denotes the same GPS start but it is off by about 3' the entire length. The next property beside us although vacant could contest this because the boundary is now inside their property. I also assume it is located in Puerto Plata yes? I think getting a new lawyer to look into this is the best idea. I just attempted to contact the lawyer representing the owner of the adjacent empty lot to make her aware of the situation and perhaps work with her to get this corrected. Thank you so much for the advice and help. I didn't want this to go this far but it seems that is what needs to be done so that, in the end, we are not caught in a never-ending loop of contention and a legal morass.
 

cavok

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You might also want to first tak with the surveyor(agrimensor) just to see what he has to say. Sounds like this could be a real "hot potato" though.
 

rendul

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Feb 24, 2002
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Ok here is how it stands after today. The lawyer has agreed to resurvey the property on the basis that perhaps the first survey was in error (which I think it was) because everything was done manually then. The new survey used the same GPS start number assuming it was correct. Subsequently, all the buildings around me have been built based on the incorrect survey and as none of my neighbors have been deslinded this is a discovery. On one side, they are seeking a deslinde and they will run into problems too based on the original surveys. Consequently I will be caught in the middle losing a total 6" x 100' in property. I can see years of contention coming if this is not corrected now. I need to have a ruling that may be setting a precedent that these houses have been here for a quarter of a century and to move the markers would impact on at least seven other owners. Not something I relish! To start off the inquiring I contacted the Real Estate agent who was selling the empty lot next door that is also seeking a deslinde. They provided me with the lawyer's name who was responsible for the deslinde and with the intent of having her define our deslinde as well. My lawyer called and I have been suggesting the surveyor come back and resurvey the property. I originally noticed the discrepency when the first deslinde survey was presented to us and we declined to sign off on it while requesting a resurvey while we are here. My lawyer did not agree to this and we would not sign off. I requested a Google Earth Map of the property using the GPS coordinates of the new survey and the discrepency was immediately apparent. Hence my pain in the ass experience this time. I assume this will be going to the Tribunal to determine which takes precedence - the established neighborhood or the new survey data. Oh joy! I can hardly wait. There is a lesson in all this, if it doesn't feel right don't do it. Figue it out. I will keep you posted. Thank you everyone for your words of wisdom and insights. Your information has helped me to inform authorities that something wasn't right and needed to be fixed as the impact on all those around us would have huge. Again, thank you. 'Til later,
Heather
 

cavok

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Jun 16, 2014
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If you are using Google Earth Maps to determine that the survey is off 2.5 ft, that could be your problem(?). Those maps are just photos that are superimposed on a GPS grid. The fact that the surveyors coordinates when entered into Google Earth Maps does not exactly match your property boundaries is not surprising. Didn't your surveyor put any property marker stakes in the corners of your property?
 

rendul

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Feb 24, 2002
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The Google Earth map was confirmation of what I had seen on the survey and needed it to prove that either the new or the old survey was wrong. I needed the property resurveyed and this is what convinced the lawyer to arrange it. It will be shown that there is a problem that needs to be solved. It was only confirmation, that's all.
 

rendul

Bronze
Feb 24, 2002
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You have to understand that the old survey and the new, to me, had a discrepancy that no one else saw or cared about. But it matters to us the stakeholder in all this. Without the map there is no second source.
 

cavok

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Jun 16, 2014
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Well, good luck. Sure hope everything works out for you without any big legal hassles! These things can get messy.