Dispute over use of land

Jan & Roy

New member
Nov 17, 2003
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Hi, Just looking for a bit of advice. Bought a house a few years ago and on the documents says I have the right to make a driveway on the neighbour's land. All legalised and signed by the children etc etc. Someone has bought this patch of land and wants to build a house on the access road, Dominican house and as far as I am aware has no title. The lawyer says I have the right but they seem a bit full on aggressive. Any ideas about how I deal with them? Thanks
 

Cdn_Gringo

Gold
Apr 29, 2014
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If you decline to enforce your legal property rights, in all likelihood you forfeit them.
 

Robert

Stay Frosty!
Jan 2, 1999
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Hi, Just looking for a bit of advice. Bought a house a few years ago and on the documents says I have the right to make a driveway on the neighbour's land. All legalised and signed by the children etc etc. Someone has bought this patch of land and wants to build a house on the access road, Dominican house and as far as I am aware has no title. The lawyer says I have the right but they seem a bit full on aggressive. Any ideas about how I deal with them? Thanks

Treat them exactly how they would treat you.

Tear their house down if they ever try and lay a brick, then have them arrested and thrown in jail if they don't get the message.

Unless you aggressively enforce your legal property rights, you will get walked all over and eventually loose.
 

Drake

Bronze
Jan 1, 2002
667
23
18
I would not recommend violence as you might get shot.  I would advise you get a lawyer to draft a letter explaining your situation and site him for a meeting with the local fiscal.  This is sometimes enough to resolve the situation.  There is a law that requires that one must leave an access to any property which your lawyer should quote in the letter. Also stay out of court at all costs.  Gringos always loose Good luck
 

LTSteve

Gold
Jul 9, 2010
5,449
23
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Hi, Just looking for a bit of advice. Bought a house a few years ago and on the documents says I have the right to make a driveway on the neighbour's land. All legalised and signed by the children etc etc. Someone has bought this patch of land and wants to build a house on the access road, Dominican house and as far as I am aware has no title. The lawyer says I have the right but they seem a bit full on aggressive. Any ideas about how I deal with them? Thanks

Not to muddy the waters but when you originally bought the property did you go through an attorney to make sure the property was what is stated and that the deed was valid or did you deal directly with the family? I am unclear what you are telling me when you state that it is "all legalized and signed by the children." What exactly does that mean? Is is a document drawn up by an attorney or something these people drew up and had notarized. If it is the second than that document may be worthless. You need to work with an attorney and try to get this other party to understand you have a legal right away. It sounds like this could turn into a very complicated and difficult matter.
 
Oct 13, 2003
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Where are you located?

In the end you should:

1. Get a good reputeable laywer with a solid practice of gringo clients (and who recommend him) who has at least one laywer specialising in property laws.

2. Meet with them ASAP and have him review your legal position

3. After 2, let him deal aggresively with the intrusion if your legal position allows this

4. Do not get involved personally or start anything yourself. Stay courteous at all times.
 

ctrob

Silver
Nov 9, 2006
5,591
781
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Just curious, is the "right of way" access already in use? Or something you have on paper but haven't utilized yet?
 

Matilda

RIP Lindsay
Sep 13, 2006
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According to Real Estate Law 108-05 which is here http://ji.gov.do/images/Leyes/108-2005.pdf you have the right of access to your land or property. It is usually by the shortest route I think, with the least damage to property. If you go to a judge, they will enforce this access.

Matilda
 

ctrob

Silver
Nov 9, 2006
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The actual term for this is "Egress"...........


Not a biggie, but I think you're mistaking Egress for Easement.

Easement and Right of Way have similar but slightly different meanings. But in this case, Right of Way is the correct term.
 

Jan & Roy

New member
Nov 17, 2003
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Thanks to all, have taken the good advice, not confrontation as they will be my neighbours and seems to be resolved (mas of menas)!!!
 

ExDR

Member
Jul 31, 2014
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16
Treat them exactly how they would treat you.

Tear their house down if they ever try and lay a brick, then have them arrested and thrown in jail if they don't get the message.

Unless you aggressively enforce your legal property rights, you will get walked all over and eventually loose.

Heed this advice, they will continue to encroach and the authorities will do nothing once they build the house. Pay a couple of thugs to tear up anything they try to put up. Better yet, start building the access road.
 

LTSteve

Gold
Jul 9, 2010
5,449
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38
Thanks to all, have taken the good advice, not confrontation as they will be my neighbours and seems to be resolved (mas of menas)!!!

You still never answered the question as to whether you have a deed for the property that is valid, showing your right of way? If you don't than you really have no legal ground to make your claim.
 

Celt202

Gold
May 22, 2004
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I'm not a lawyer. I don't even play one on TV or on the internet. If I have a thorny question especially about real estate I get a real lawyer.
 

kg4jxt

New member
Mar 28, 2014
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Such matters belong before the fiscal or office of alcalde - even if you think it is resolved satisfactorily, take it to the local official to "keep him informed". The local official's ruling on this matter (never actually written down, in my experience), will carry a lot of weight if there is ever a further dispute.