I represent a private U.S. lender, who will be loaning money to a Dominican S.A. in return for a mortgage on their property. In a title search by Stewart, it shows that the property we will be placing the mortgage on has a co-owner. The borrower has informed us that the deslindada process takes approximately 6 months, and has insisted that obtaining two cartas constancias is sufficient to secure our interest in the property. Is this true or should we insist on the deslinde first, so that we have an accurate, independent legal description associated with the mortgage. Any advice would be appreciated. Thanks.
- Thread starter uslawyer
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Deslindada Process
A "deslinde" ("segregation") is highly recommended. Otherwise, you may find it difficult to foreclose in case of nonpayment of the loan.
If a person buys title insurance....
.......does that at all relieve the need for a deslinde title?
.......does that at all relieve the need for a deslinde title?
It depends of the size of the lot, and where is it, it's not the same a small lot or one that is located in residencial area that one that have a couple sq/mts or located in the countryside..Escott said:
RD$15,000 for a "deslinde" would be on the cheap side.
Title insurance will not cover a mistake in the location of the property if there is no deslinde.
Title insurance will not cover a mistake in the location of the property if there is no deslinde.
"Deslindar" means to legally segregate a property from a larger surrounding property. The property segregated from the larger piece will have a new cadastral designation or parcel number.
The process requires the hiring of a licensed surveyor who will draw up a plot plan and submit it to the Land Court for approval. Once approved, the Court will authorize the Registry of Titles to issue a new title for the segregated piece with a new parcel number.
When a buyer acquires a piece of a property within a larger piece with a unique cadastral designation (let?s say, for example, he buys a 1,000 square meter lot within Parcel X which has a total of 50,000 square meters), his 1,000 meter lot is not legally defined as to its location within Parcel X unless he obtains a ?deslinde?.
The process requires the hiring of a licensed surveyor who will draw up a plot plan and submit it to the Land Court for approval. Once approved, the Court will authorize the Registry of Titles to issue a new title for the segregated piece with a new parcel number.
When a buyer acquires a piece of a property within a larger piece with a unique cadastral designation (let?s say, for example, he buys a 1,000 square meter lot within Parcel X which has a total of 50,000 square meters), his 1,000 meter lot is not legally defined as to its location within Parcel X unless he obtains a ?deslinde?.
deslinde explained
my novia has received a piece of property.... NOT DELSINDED... yet
and her tias.. around put THEIR own limits.. to HER property
I believe this will make pretty soon a civil war, or at least enrich a little more the ABOGADOS... Nothing personal for Mr Fabio Guzman, who I think could may be unique here :cheeky:
Fabio J. Guzman said:
my novia has received a piece of property.... NOT DELSINDED... yet
and her tias.. around put THEIR own limits.. to HER property
I believe this will make pretty soon a civil war, or at least enrich a little more the ABOGADOS... Nothing personal for Mr Fabio Guzman, who I think could may be unique here :cheeky:
Hello Fabio,
when talking to Mr. Sieger some time ago, he recommended to get a deslinde for our property one day, but that the responsible office would be too busy to give it a try at that time.
How is the situation meanwhile?
We will have to sell our property next year and I don't know if this could happen before april. If we start the process of aquiring a desline let's say in January, how long would it take to get one?
The property is located in Playa Grande area.
Thank you
Tibu
when talking to Mr. Sieger some time ago, he recommended to get a deslinde for our property one day, but that the responsible office would be too busy to give it a try at that time.
How is the situation meanwhile?
We will have to sell our property next year and I don't know if this could happen before april. If we start the process of aquiring a desline let's say in January, how long would it take to get one?
The property is located in Playa Grande area.
Thank you
Tibu
First of all, it is not up to the ones that want your money to tell you what type of proof of ownership and clear title you should be satisfied with.
Get a reputable lawyer to work for YOU and to tell THEM what they have to provide you with.
... J-D.
Deslinda absoluptely necessary???
I will not disagree with the advice of a well establish attorney such as Sr. Guzman. and even strongly advise you to push for one. How ever, I would like to point out that in your particular case the deslinda even though an extra layer of security is way over valued on this board. I missed out on a great opportunity recently because I insisted on getting this deslinde. Off course, it would have taken a while and the seller decided to settle with someone else.I later found out that the deslinde was issued with out any problems.
If you hire an independent surveyor and get the two cartas the rest is more of a legal procedure confirming the study of the surveyor? Unless there is some kind of opposition (witch you would already know by then) only in rare cases as the courts not upheld the study. Any way it as to be a business decision. If you feel this is a good opportunity and can't wait 6 month, you might want to consider confirming the study by a third party surveyor hired by yourself and closing the deal with a commitment on behalf of the seller to provide one a.s.a.p.
Good Luck!
I will not disagree with the advice of a well establish attorney such as Sr. Guzman. and even strongly advise you to push for one. How ever, I would like to point out that in your particular case the deslinda even though an extra layer of security is way over valued on this board. I missed out on a great opportunity recently because I insisted on getting this deslinde. Off course, it would have taken a while and the seller decided to settle with someone else.I later found out that the deslinde was issued with out any problems.
If you hire an independent surveyor and get the two cartas the rest is more of a legal procedure confirming the study of the surveyor? Unless there is some kind of opposition (witch you would already know by then) only in rare cases as the courts not upheld the study. Any way it as to be a business decision. If you feel this is a good opportunity and can't wait 6 month, you might want to consider confirming the study by a third party surveyor hired by yourself and closing the deal with a commitment on behalf of the seller to provide one a.s.a.p.
Good Luck!
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The property on which the condo was built must have by law a deslinde. Also, the condominium must be approved by the Registry of Titles (after obtaining approved construction plans individualizing each unit, etc.) and you should have a Certificate of Title for your unit.