Question for Sr. Guzman regarding "Deslindar" ?

iluvdr

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Aug 24, 2004
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Dear Sr. Guzman,
I read your earlier post on "deslindars".
I am in the process of selling my business witch is a "Cabanas". The buyers are requesting a deslinda and I have been informed the following by my local attorneys:

These lands (from that part of the eastern side of Santo Domingo) are not separated and individualized (deslindadas) and even less in this type of business (caba?as), you have acquired a lot like this and everyone in the business has it like that. To begin with a "deslinde" procedure will mean that every single caba?a (house, room) will have a separate Certificate and of course this is not possible not to say enters in the grounds of the ridiculous.

Do you think this information is rational. Also, if the buyers insist on this procedure what should be the cost and how long would it take? Are there any ways around it?

Thanks once again.
 

iluvdr

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Aug 24, 2004
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Desperately need some advice...

ricktoronto said:
Maybe they want to sell each cabana like condos.

No not at all,They plan on continuing to operate the Cabanas...
They own several others in Santiago.
My lawyer here is sticking by his position that there is no need for "deslindars" in this part of Santo Domingo since the lot is not a parcel of a larger lot and already as it's own cadastral number.
The buyer's lawyer is insisting that we get one and this could take months, if not more...
It's not so much a money issue, it's more the time it takes to get this done.
Anyway to expedite this procedure?
When I brought the property 2 years ago, my lawyers witch have great credentiels did not request this "deslindar"...Why is it such a big deal now?
Has any one brought property in SD with out requesting a deslindar?

Thkx.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Segregating the property on which the "caba?as" are built should not be a difficult undertaking. Of course, it could take months.

With the new Land Registry Law which will be in force within the next year or so, it will be impossible to sell property in the Dominican Republic without a "deslinde".
 

iluvdr

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Aug 24, 2004
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Help!

Fabio J. Guzman said:
Segregating the property on which the "caba?as" are built should not be a difficult undertaking. Of course, it could take months.

With the new Land Registry Law which will be in force within the next year or so, it will be impossible to sell property in the Dominican Republic without a "deslinde".

Thank you for taking the time to respond Sr. Guzman.
If I understand correctly, the buyer is justified in insisting that the transaction can not be done with out a deslinde even under, these particular circumstances.
In other words, I can't close this sale before several month and possibly a year!
I was hoping for a more neutral position since I had ask the buyer to contact you, as a reputable lawyer, for a second opinion on this matter.

Is there a significant risk for the buyer to conclude the purchase conditional to obtaining the deslinde later?

Thkx. again.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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If the property has been fenced for some time, and a surveyor has placed the property within the Parcel where the Certificate of Title says it is, and the seller has been in possession of the property for a long time without any third-party claims, and none of the neighbors object to that possession, then the risk is very, very small.
 

iluvdr

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Aug 24, 2004
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Thank you!

That's fine. I found a surveyor that can expedite the process ( for an extra fee ofcourse...) and deliver the Constituiton in a few weeks time. I can conclude the sale with the constitution and the official "deslindar" can be delivered with in 2 month to the new buyer!.
When there is a will there is a way!