Question about Carta Constancia and trying to do Deslinde.

lucas08

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Sep 6, 2005
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Hello Everyone! I need some advise. I own a land with my brother in law and we both have carta de constancia with the amount of metros each of one owns on that property. For the past 5 years I have allow my brother in law to try to sell/take care our land the way he think is best. After 5 years not much has been done and he has not been willing to consider any ideas I give have giving him on how to handle the property.

My question is : I want to do the deslinde and separate our lands so each one can take care of their own property. However he does not want to do that. Can I do deslinde by myself? I know part of the process will ask to see if the Colindates has any objection. If he is asked he will of course have an objection over it. So what are my options? or there is nothing I can do and I just need to wait until one day he is willing to do it?

Any advice will be greatly appreciated!

Thank you.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Are you joint owners or separate owners? In case you are joint owners you can petition for a division of the property (demanda en partición and a deslinde. If you're separate owners, you can get a deslinde directly. You don't need his consent in either case. Of course, he'll know what you're doing.
 

lucas08

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Sep 6, 2005
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Thank you Mr. Guzman for your reply. How do I know if we are joint owner or separate owners? In my carta de Constancia it has the amount of metro that it belongs to me. Does that mean we are separated owners?  If we are separate owner is there anything he can do to stop me after I have started to do the deslinde? Thanks! 
 

Fabio J. Guzman

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You seem to be a separate owner. You can start your deslinde at will. Of course the surveyor doing the survey for the deslinde will have to give him notice of the procedure.
 

lucas08

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Sep 6, 2005
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Would you recommened contacting your law firm before starting the deslinde or only after some problem arises? I want to be prepared since I know he doesnt want the land to be seperated. Thank you.
 

Dr_Taylor

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Oct 18, 2017
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Would you recommened contacting your law firm before starting the deslinde or only after some problem arises? I want to be prepared since I know he doesnt want the land to be seperated. Thank you.

I realize that you asked Dr. Guzman this question, but as for me, I would retain the firm prior to starting the process if I knew that the other party might be an inconvenience.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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You should retain a lawyer before starting the deslinde.



Looking again at your question above, do you know where your property is, separate from your brother-in-law's? If you don't, then a demanda en partición is required.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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252
83
www.drlawyer.com
You should retain a lawyer before starting the deslinde.



Looking again at your question above, do you know where your property is, separate from your brother-in-law's? If you don't, then a demanda en partición is required.