Over the past year I’ve made a number of inquiries regarding an impending deslinde. Most recently, Bronzie related to a question with her personal experience and Mr. Guzman confirmed the law involved. This feedback gave me needed confidence in subsequent meetings with surveyor(s) [agrimensor(es)] and my own lawyer. Thank you for that.
Today’s concern is equally crucial, if not more so. Of the 567 tareas assigned to me by Conditional Title (Constanza Anotada), 37 are unaccounted for. The surveyor found that a well-known retired Major League Baseball pitcher is encroaching on my property. Resolution here is simple (or at least should be straightforward).
There exists, however, another individual with a Constanza on record for a purchase of 52 tareas in the same parcela as my 567 tareas (not deslindada), but my surveyors are indicating that he is only occupying 38 tareas therein. In other words, he is also short 14 tareas (the record shows that yes, the original parcela area comprised of 567 + 52 = 619 tareas).
Question: Since I am commencing deslinde of our parcela , do I have priority over the location of my missing 37 tareas over my neighbors missing 14, assuming that the re-appropriation of the missing tareas (51) is validated in court? In other words, I am looking for a legal advantage that says, okay, since you are initiating this deslinde you have priority to choose placement of your missing piece of land on the map before your neighbor does.
A possible salient point is that the record shows that my neighbor’s purchase of land in our parcela predates my own.
Help.
Today’s concern is equally crucial, if not more so. Of the 567 tareas assigned to me by Conditional Title (Constanza Anotada), 37 are unaccounted for. The surveyor found that a well-known retired Major League Baseball pitcher is encroaching on my property. Resolution here is simple (or at least should be straightforward).
There exists, however, another individual with a Constanza on record for a purchase of 52 tareas in the same parcela as my 567 tareas (not deslindada), but my surveyors are indicating that he is only occupying 38 tareas therein. In other words, he is also short 14 tareas (the record shows that yes, the original parcela area comprised of 567 + 52 = 619 tareas).
Question: Since I am commencing deslinde of our parcela , do I have priority over the location of my missing 37 tareas over my neighbors missing 14, assuming that the re-appropriation of the missing tareas (51) is validated in court? In other words, I am looking for a legal advantage that says, okay, since you are initiating this deslinde you have priority to choose placement of your missing piece of land on the map before your neighbor does.
A possible salient point is that the record shows that my neighbor’s purchase of land in our parcela predates my own.
Help.