Title Has More Surface Than Reality

Neargale

Active member
Jul 4, 2013
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I am interested in buying a piece of land for building purposes. the number of square meters from the property title is greater than the actual piece of land by a difference of app 80 m2. The owner of the property besides it has encroached on the property I want by building an 8 ft wall along the property line. The encroachers are in a messy divorce, the husband has disappeared and the wife claims the property is entirely hers. To complicate everything the property was never transferred to them even though they have built a house and pool on it. It is currently for sale and listed by an attorney representing solely the wife. The title holder won’t proceed with the transfer to the wife unless the husband signs on it.

can I still buy the piece of land I want as the owner has agreed to reduce the price by the number of meters missing while I retain the right to claim against the encroacher. Do I have a right to demolish the wall if the husband does not show up within a couple of years? Do I jus sit and wait until the husband show up or put a lien on the title? What is the best way to proceed?
 

bob saunders

Platinum
Jan 1, 2002
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dr1.com
Well, my wife bought a piece of property of her cousin, who had taken 12 sq meters from the neighbor's empty property. We knew the neighbor and were able to negotiate the sale of those 12 meters (garage had already been built on it.) This was all done through lawyers and the surveyor. Best to make sure everything regarding this properties problem is in writing and acknowledged by all parties; then you can start the negotiations.
 
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reilleyp

Well-known member
Dec 12, 2006
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Buy a different piece of land.
If you do not like my idea;
Hire an attorney with proven results. It is well know that attorneys there will play both sides, and actually have an informal agreement with one another to play games and collect fees from both parties until one or both parties walk away or shoot each other.
It does not matter if the attorney is well known in town. It does not matter who is in town or not in town. I have seen walls built, buildings built, buildings demolished and buildings rebuilt, because of divorces and property disputes. You should be young and have a good attorney and money to burn if you hope to win. I am not jaded, just a realist with almost 20 years of experience in the DR.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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You can buy the property with the discount for the missing area and then evict whoever is encroaching on it and demolish whatever was built on it. The situation between the husband and the wife is irrelevant to you: you can evict whoever is on the property, no matter who he or she may be.

I'm assuming the property has a certificate of title with a proper deslinde.