Is A Clear RD Title Really A Legal Document?

[cavok]

They added more judges to courts to process more titles , backlog...

A backlog? Here in the DR? Who would have ever guessed?

 

[Fabio J. Guzman]

Thank you Sr Guzman for a very well explanation on the DR title system.

My question is when you say"...... guarantees title and priority on a first come, first served basis" does this mean when they are duplicate titles or as in post 22 same property register in 2 different registrar that the older registry determines ownership.
I understand that individual cases maybe more complicated than that but I am asking in general as this seems to happen in the DR.

Thank you for your opinion.
Xtraveller

Disclaimer: I used your firm for my properties purchases and everything is perfect.

Under the Torrens system, properties can only be recorded at one Registry; for example, any sale, mortgage, etc. related to a property in Sosúa can only be recorded at the Puerto Plata Registry of Titles.

When I say that the gov't "guarantees title and priority on a first come, first served basis", I mean that when, for instance, the owner of a property sells it to two different buyers, the buyer who records it first at the Registry becomes the new owner, even if date of his purchase was after that of the other buyer.

 

[zoomzx11]

I was hoping I would catch your attention.... This is going to come to an abrupt stop.
these shenanagians must stop if the integrity of the D.Titles are to mean anything to foreign investors.
I know if I was looking at buying here and such crap was going on I would walk away.
Especially now that we are hoping to sell our home.

best of luck.
Hope it gets better.

 

[zoomzx11]

So if you have a deslinde and want to build a wall, can you build it dividing the line, half on half off your property.
I assume if a neighbor comes along he's not going to object to a block wall a few inches onto his property if was free ?
Unless he's a dyed-in-the-wool prick or looking to extract money from you for 'damages'

Might factor in how much he likes you or not and what kind of neighbor you are.

Purposely want to build it off your property onto neighbors land ?
Not even going to tell him it was an accident, are we?
Steal a few inches of the neighbors land/
Why do this, is your lot so small?

No unusual other factors normal response is move your fence , bro.
He has a deslinde and it agrees with yours.

 

[Russell]

It does not matter what happened 50 years ago. If you purchased in good faith, based on the information then recorded at the Registrar of Titles, you will be OK. I'm copying below two paragraphs from an article I recently pubished:

"Since 1920, the Dominican Republic has employed the Torrens system for real estate registration purposes. This system was developed in Australia in the 19th century and is now widely used in many countries. In the Torrens title system, a register of land holdings is maintained by the government, which guarantees an indefeasible title to the properties included in the register. Land ownership is transferred through registration of title instead of using deeds. The registrar has a duty to ensure that only legally valid changes are made to the register. Any interest affecting or limiting the ownership rights of the registered owner, such as mortgages, easements, liens, etc., must also be registered. Interest in real estate (property, mortgages, privileges, etc.) is only valid and enforceable against third parties upon registration at the office where the register is located (called ‘Registry of Titles’ in the Dominican Republic). Once registered, the system guarantees title and priority on a first come, first served basis.

In the Torrens system a third party, acting in good faith, can rely on the information in the land register as to the ownership of a property and the other rights and interests that may affect it. In a property purchase, the buyer is not required to look beyond the record in the register. In contrast, in the common law system a vendor cannot transfer to a purchaser a greater interest than he or she owns, and the seller’s title is as good or as defective as the weakest link in the chain of title, which necessitates a chain-of-title investigation at the record office".

Of course, the above does not mean that you can prevent somebody from suing you on preposterous grounds. However, the case won't go anywhere.

Thank you very much, I just needed that added confirmation in this case.
I understand the group is backing off.