Real Estate Question.

Can anyone tell me if there is a "Standard" number of meters/feet by which ocean (Beach) property is protected by the government
as "Public"? Is it measured from the water's edge; the end of the beach, how? Does river property also have similar restrictions? Is there an "Official" or other informative source for DR real estate questions (Book, Government Agency, Web Site, etc.)? Any
assistance would be appreciated.
Herb Morrison
hmorrison@drc.com

I think its 60 m, but am not sure how it is measured. Go by low tide to be sure.

Low tide?Try high tide!

I think if one wants to be conservative, It would be "low tide" if you're using the beach in front of someone else's property and high tide if someone is using the beach in front of your property.

Actually, I'm 95 percent sure it is from mean low tide point and it is 60 meters up from this point. I read this information somewhere when we were working with fishermen trying to establish a cooperative. (This really doesn't make much of a difference since tidal change on either coast is not a matter of many feet like it is in the Bay of Fundy in Canada or New England). This law, in theory, allows free access to all Dominicans to all beaches as long as they approach the beach from the sea or along the water line. An opposite example it the state of Massachusetts, here property ownership begins at mean low water. However, property owners must allow access to those individuals who approach from sea or adjacent property to fish, go fowling, or navigate through property in the pursuit of these activities (law dates back to 1648 A.D.). I guess the Dominican law is similar in aspect to this one but I think state ownership is kept to allow access by military in case of a state of emergency like those invasions of 1948 in Luperon and 1959 in Constanza and Maimon during the Trujillo regime.

Re: Real Estate Question. (P.S.)

Before anyone points it out, I know that Constanza is in the mountains near Jarabacoa and not by the sea. The invasion of 1959 began in Constanza by plane and then a few days later there were invasions by sea at Maimon and Estero Hondo which resulted in a complete slaughter of the invaders (liberators) by Trujillo's henchmen.

It's 60 meters measured from the high tide mark ("sesenta metros de ancho, medidos desde la l?nea a que asciende la pleamar"). It applies to the whole Dominican coastline, including beaches. (Art. 49 of Law #1474 dated Feb. 22, 1938, as amended by Law #305 dated May 23, 1968).

Thanks for the clarification (Fabio).

Thanks for the correct information. I gladly defer to an expert in this matter. Fabio, has anything been recently written about the Dominican justices who were refused access to a hotel's beach last year? I don't remember seeing anything in the Dominican news recently but I wonder if they won the case in getting the all inclusive to open the beach to the public?

Thanks to all, especially Fabio Guzman, for clarifying the 60 meter setback law. Based on the usage of "coastline", I assume river properties are not governed by the 60 meter restriction. Does anyone know if there are any other such restrictions that affect river properties or where I might find such documentation?

Herb Morrison
hmorrison@drc.com