Green Area Land Sales

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PJT

Silver
Jan 8, 2002
3,568
305
83
It is my belief when a coastal land tract developer receives government permission to construct homes and resorts on his tract of land he must set aside a certain amount of land percentage in plots to be designated a Green Area. It is his concession to the government for the vegetation destroyed by development. The Green Area is not to be improved. It is set aside as a preserve to maintain the environment and is so designated at the Tribunal de Tierras.

Can Green Areas be sold and developed?
 
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
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www.drlawyer.com
The requirement for green areas applies to all subdivisions in the DR. Legally, green areas cannot be sold or improved. However, for years many municipalities, big and small, have shown how corruption in the DR thrives not only at the national level, selling lots in green areas to council members and their relatives for very low prices.
 
P

PJT

Silver
Jan 8, 2002
3,568
305
83
Green Area Land Sales- Revsited

PJT said:
It is my belief when a coastal land tract developer receives government permission to construct homes and resorts on his tract of land he must set aside a certain amount of land percentage in plots to be designated a Green Area. It is his concession to the government for the vegetation destroyed by development. The Green Area is not to be improved. It is set aside as a preserve to maintain the environment and is so designated at the Tribunal de Tierras.

Can Green Areas be sold and developed?
Click to expand...


Fabio,

I?m getting back to you with this green area issue because my wife and I feel we are going to loose big time, the tranquility of our lives, along with value of our property investment. We bought our house lot about ten years ago, in a block designated and described to us by the developer, for villa and duplex construction. We improved it with the construction of a villa. Our residential is in a tourist zone. One of the many reasons we selected our lot was because there was an ?area verde? at the back of the property. The green area extended for the length of the block, in the middle, forming a buffer zone between the opposing lots and developed properties.

The developer has sold the green area. Surveyors have been observed measuring the land and it has been cleared of all unnecessary brush with exception of the trees. We are now aware there are plans to construct an apartment complex in excess of 15 units. The high amount of units would cause the construction to encroach on our property and that of our neighbors.

Can this (?former?) area verde be legally developed?

We were told from different sources, the developer was able to sell the land because he transferred the area verde designation to another nearby less desirable land tract he owned. By-the-way, the green area is the ?ONLY? green area in our residential section of the two separate residential sections invested in by the developer

Can an area verde designation be transferred?

What are the government offices, agencies, responsible for granting, removing, transferring area verde rights? Who do we see? Where to we go? Who do we write to?

Also, and finally, are the new owner(s) of the area verde legally required to notify the adjoining property owners of their intent to build, by letter, or publication (newspaper legal notice)?


Regards,
PJT
 
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
83
www.drlawyer.com
Depending on where your subdivision is located, green areas come under the jurisdiction of the local municipality and/or Ministry of Tourism. Before, the Central Bank (Definpro) also had jurisdiction for certain tourist areas.

The first thing that needs to be done is to investigate if the subdivision has been properly approved. Assuming that it has, you should obtain copies of the approved plans showing where the green areas were located. Green areas cannot be changed without a resolution from the municipality and/or Tourism.

If it is determined that the new construction is being built in the green area, any interested party can sue to stop the construction.
 
M

mido

Bronze
May 18, 2002
1,522
14
38
PJT said:
It is my belief when a coastal land tract developer receives government permission to construct homes and resorts on his tract of land he must set aside a certain amount of land percentage in plots to be designated a Green Area. It is his concession to the government for the vegetation destroyed by development. The Green Area is not to be improved. It is set aside as a preserve to maintain the environment and is so designated at the Tribunal de Tierras.

Can Green Areas be sold and developed?
Click to expand...

If your property is located in "Villas Bavaro", please send me a private message.
 
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