using your land without permission

Nyeden

New member
Sep 2, 2005
297
0
0
I have a question for the DR legal expert here...

My father owns a land in Santiago, I am not sure how many acres but certain ?campesinos? in the areas have been constructing and building homes on part of his side. Since my father hasn?t been to the DR in years. And never really showed any real interest for the land, (it was and inheritance from his father)
Many living in the area, thought that my father just simply forgot or abandoned it. This year he is finally going to D.R to try to sell it and straighten things out. How would he go about making those people move out of his land? And what happens to the crops that have been cultivated there? Doesn?t my father supposed to get a percentage? Because they have been cultivating and living in his property without his permission for all these years.?
 

Ken

Platinum
Jan 1, 2002
13,884
495
83
This is a big problem in the DR and based on what I know from the experience of others who had this problem, it is going to cost you money, perhaps a lot, to get the land back.

Those who own land but who are not using it are advised to fence the property and hire somebody to keep squatters off. It is usually easier to keep them from squatting than to get them off the land once they settled in.
 

Roberto284

New member
Jul 2, 2004
89
0
0
Serious trouble

No it's not fenced and I don't know if its marked, but since is in el campo area everybody knows everybody there. and they know its my father's property.


Nyeden you have a very BIG Problem, you need to hire a Agrimensor and look for your Land Title at the Tribunal de Tierras if you dont have it . Then you need a Lawyer and also you might need help from any police or a lieutenant high ranking militia .

This could take you years and a lot of stress if you dont act quick .. even if they know its your father's property you need to back off the people around it or by the time you come back you will have a Barrio inside .

i work with real state and hear this happening everyday. If you need more help PM and i'll see what can i do .
 

Ken

Platinum
Jan 1, 2002
13,884
495
83
Roberto is right, you have a big problem. Wait for Fabio's answer before doing anything, but don't expect him to tell you the problem can be easily fixed. At a minimum, you may have to pay the squatters for their homes if you want the land back.
 

Nyeden

New member
Sep 2, 2005
297
0
0
Thanks Roberto. My father has the Land tittle in his possesion, and its registered with el Tribunal de tierras. I am going to speak to my father, because he is the owner and not me.
 

Nyeden

New member
Sep 2, 2005
297
0
0
Roberto is right, you have a big problem. Wait for Fabio's answer before doing anything, but don't expect him to tell you the problem can be easily fixed. At a minimum, you may have to pay the squatters for their homes if you want the land back.

WOW, but they shouldn't had built there in the first place knowing that land is not thiers GRRRRRRRRRR. Its not fair that the owner should end up paying this people for their houses.
 

Robert

Stay Frosty!
Jan 2, 1999
20,574
341
83
dr1.com
WOW, but they shouldn't had built there in the first place knowing that land is not thiers GRRRRRRRRRR. Its not fair that the owner should end up paying this people for their houses.

Welcome to the Dominican Republic.

I suggest you find yourself a good lawyer if your serious about re-claiming and selling this land. If you have people living on it, then you have a nightmare on your hands, good luck.

A good place to start is: The Dominican Republic Law Firm: Guzman Ariza, Attorneys at Law.
 

STEVE G.

Bronze
Apr 2, 2006
1,623
8
0
community.webshots.com
WOW, but they shouldn't had built there in the first place knowing that land is not thiers GRRRRRRRRRR. Its not fair that the owner should end up paying this people for their houses.

DR Reality . There is a town in a South Coast - Guayacanes . 80% of homes with no tittles :pirate: Nobody can do anything about it :rambo:
 

Roberto284

New member
Jul 2, 2004
89
0
0
DR Reality . There is a town in a South Coast - Guayacanes . 80% of homes with no tittles :pirate: Nobody can do anything about it :rambo:


The Goverment could, but it takes a GOOD goverment to do so ...
Having that problem means $ and relocation of a lot of people and of course they also mean votes...
 

champ

New member
Dec 2, 2006
193
4
0
why don't you try and make a deal with the people that are using the land,,,that would be best for all parties
 

pelaut

Bronze
Aug 5, 2007
1,089
33
48
www.ThornlessPath.com
Your father does not have the title. Your father has a COPY of the title.
In the U.S. it varies place to place, but most places a title is essentially a bearer deed.
In the D.R. the Catastral has the title, as in some European nations. It works too.
 

Nyeden

New member
Sep 2, 2005
297
0
0
I guess, its the copy then, he ( actually my mom) also has something that looks like a blue print. It marks the dimension.. etc He also said the land is "amensurada" not sure what that is. But this problem is far more complicating that getting people of the land. He has to deal with my mother( his x-wife) who argues that she gets a percentage of the sale, because he was married to her during at the time he acquired/inherited the property. That?s one of the reasons why he hasn?t done anything with it in so many years. You see when my parents were getting divorced, my mother took the title from a safety deposit box they shared, she refuses to give this to him. She argues that without these papers he is not able to do nothing. My mom also said that she put a ?freeze? on the property in D.R. I don?t know how she was able to do this. But the title mentions the owner as my father married to my mother. Esto es un Lio
 

Roberto284

New member
Jul 2, 2004
89
0
0
I guess, its the copy then, he ( actually my mom) also has something that looks like a blue print. It marks the dimension.. etc He also said the land is "amensurada" not sure what that is. But this problem is far more complicating that getting people of the land. He has to deal with my mother( his x-wife) who argues that she gets a percentage of the sale, because he was married to her during at the time he acquired/inherited the property. That?s one of the reasons why he hasn?t done anything with it in so many years. You see when my parents were getting divorced, my mother took the title from a safety deposit box they shared, she refuses to give this to him. She argues that without these papers he is not able to do nothing. My mom also said that she put a ?freeze? on the property in D.R. I don?t know how she was able to do this. But the title mentions the owner as my father married to my mother. Esto es un Lio


I would be more scared of the people in your land, than my father's ex-wife.

The Blue print you talk about its the ^Linderos^ of the property thats also saved on the ^Catastro Nacional^ . The Linderos are the exact place of where your Land is, That means which properties are in front, sideways and on the back of your property. ( North,East, West and South )

Your land is measured, that's what your father says when he told you its ^Mensurada^

About the Divorce issue you should ask Fabio Guzman.

I do know that when there's a inheritance of a Land, your mom doesnt gets any of it as it goes straight to the kids . But this is clearly not the same issue .