Obtaining a property title

D

DSBSGSIS

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Sep 9, 2011
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Salutations,

How can you obtain a property title for property obtained from an inheritance if you do not posess the original title you only have the Will? The title cannot be located in the Title Registery that governs the property. Please provide as much information as possible in as much detail as posssible. Your help will be greatly appreciated.

thank you
 
Castellamonte

Castellamonte

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I do not have a ready answer to your question but I wonder if you could explain how you know you now own the property. If a Will provided the conveyance should we assume there was no proof along with the Will that the property was actually owned by the deceased? If there is proof, it may be useful to provide it so the question could be answered.

For my part, as a non-lawyer, I have no idea how to prove you own property that you cannot provide proof that you own (other than someone's words on paper).
 
D

DSBSGSIS

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Castellamonte said:
I do not have a ready answer to your question but I wonder if you could explain how you know you now own the property. If a Will provided the conveyance should we assume there was no proof along with the Will that the property was actually owned by the deceased? If there is proof, it may be useful to provide it so the question could be answered.

For my part, as a non-lawyer, I have no idea how to prove you own property that you cannot provide proof that you own (other than someone's words on paper).
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Hi Castellamonet,

i appreciate you taking the time to try to help me. The lawyer who drew up the Will is still alive and has advised me that an orginal title does exists. I am under the impression one of the deceased children might have the Will since he resided with them prior to passing.

thanks
 
D

DSBSGSIS

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Mr. Guzman

can you please answer this question for my or anyone that has any additional informatin for me in regards to this issue.

thanks
 
N

NotLurking

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DSBSGSIS said:
Mr. Guzman

can you please answer this question for my or anyone that has any additional informatin for me in regards to this issue.

thanks
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Where is the property located and what is your relationship to the deceased? As far as I know, inheritance laws are very explicit with regards of dividing up property. That said, if the current ownership of the property was not properly registered in 'El tribunal de tierras' and if it is well known by the neighbors and the community where the property is located that the deceased has a right to claim ownership, one possibility might be a consignment letter. This letter can be drawn up by the 'alcalde' of the region and the owners of the abutting properties stating that to the best of their recollecting and in good faith they attest to the fact that the deceased is the owner. I'm not sure if this procedure works to establish ownership to someone deceased but it just might. I'm not even sure if this is at all possible. This is food for the though.

NotLurking
 
J

jrmirador@alumni.iu.edu

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In the olden days, say when Juan Pablo Duarte was fighting for independence, and the population of the entire territory didn't amount to 150 thousand people, rural land ownership was determined by use. Land was for the taking, and ownership was acquired by planting trees. During the US occupation of the DR, between 1916-24, a formal land registry and ownership was established...
 
F

Fabio J. Guzman

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Jan 1, 2002
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The heirs should: a) declare the inheritance to the DGII (tax authorities) for inheritance tax purposes; b) petition the Registrar of Titles for a new "certificate of title" to the property; and c) petition the Land Court for a "determination of heirs". You cannot do b) or c) without a). After the Land Court orders the Registrar to issue a new "certificate of title" in the name of the heirs, then the heirs should proceed to divide the property among them and obtain individual titles (this procedure can be done together with c) above).

In any case, you cannot do this without an attorney. Get one who knows what he's doing.
 
D

DSBSGSIS

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Sep 9, 2011
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Greetings Mr. Guzman

i appreciate you taking the time out to advise me. Can you reccommend a good lawyer? Sad and unfortunate but they are scarce in the Dominican Republic.

thanks
 
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