Everything I would like to know about a Deslinde

Cdn_Gringo said:

Is a deslinde a legal requirement for the sale of property in this country?

If a requirement, how is it possible to transfer/register property and receive a title without one?

Any idea why it takes so long for a deslinde to be issued?

Who is responsible for providing the deslinde, the seller or the purchaser?

If the seller, can they be legally compelled to provide one years after the sale?

I assume if the seller refuses to provide a deslinde, the purchaser may obtain one on their own?

What are the current (approx) costs to obtain a deslinde? Where does one go to apply for one?

Thx.

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My understanding is that a property may be sold once without a deslinde. Of course it’s buyer beware

First is an Acta de Venta showing you bought it. Then you go pay the taxes and they issue a Carta Constancia. You then take that and apply for a deslinde, only the owner can do this.

The seller is responsible for the deslinde

If seller refuses to provide one, run away fast and don’t look back. OR...... my in laws just sold a nice home in Las Praderas, almost 20 million pesos, in a gated community. They had never bothered to get a deslinde. The buyers still bought the house, but they only gave a portion of the selling price, the balance will not be paid until my in laws provide them with the deslinde. That was 18 months ago, deslinde still not completed.

Costs are approximately $2,000 US dollars, depending on lawyer. Some charge much more.

We began our deslinde process three years ago. We’re coming down the home stretch now, but have run into a wall.

Well, you can find out that someone else also claims to own the property.

They made the surveyor redo the entire survey. Months lost.

A large sign has to be visible at all times, advising the world you are in deslinde process, your full legal name, the name of your surveyor, your file #, and where/who they can contact if they dispute it. After a couple of years, ours was looking the worse for wear, they sent someone out and they didn’t like our sign. File was held up for them to notify us that we needed a new sign. I kid you not.

I could bore you all day with the ridiculousness of the process.

We bought our land in late 1970s. Neither of us remember what the taxes were based upon, just that we paid, they gave us lots of stamps and said adios