28
May

When it comes to movable property in our country, having possession of said property has the effect of owning its title. On the other hand, in terms of real estate, we need to stop the notion that whoever loses the deed to their house, apartment, land (real estate in general) loses ownership, because that is not the case. YOU DO NOT LOSE OWNERSHIP, of a property even if you lose the deed or it is damaged, you would simply need to follow a process to obtain a duplicate deed, which will take some time and money.

Therefore, a property deed being lost or damaged should not be a cause for concern, given that it is something quite common in the country. As a result, this is addressed in our legislation, in the Real Estate Registration Law number 108-05, in article 92, paragraphs 3 and 4, and from 86 to 90 of the General Regulation of Title Registrations. The process to follow in cases of loss, damage or destruction of a duplicate deed is specified therein as follows: “In case of loss or damage to the Duplicate of the Title, the individual with rights -the owner of the title- will file an instance before the Registry of Titles, accompanied by an affidavit and a publication in a newspaper of national circulation outreach, stating the loss or destruction thereof, and requesting the issuance of a new duplicate of the Deed”. When the loss occurs under Real Estate Jurisdiction, the operating unit will automatically order or request the issuance of a new duplicate at no cost to the owner.

What happens if I do not have any information about the property I own?

One of the problems our clients usually run into is that, although they are the owners of a given property, they do not have any information about said property. If this is the case for you as well, and at the time of the loss you do not have any information about the property (e.g. the geographic delimitation, the size, etc) you would need to go to the consultation office of Real Estate Jurisdiction. With your name and identity document, that office will provide you with information about the title.

Thus, not having information about your property title will not be a significant problem, given that in the consulting room, they could provide you with all the information you might need about the place.

Steps to take in case of loss or damage to the duplicate title-

We will be listing the steps needed to obtain a duplicate property title:

First: A sworn statement must be made by a notary public, specifying how it was lost. Additionally, it must be specified if a credit was taken or the real property was used as a guarantee. This document must also state that your attorney is empowered to execute all the necessary proceedings.

Second: The loss must be published in a newspaper with national circulation, subsequently requesting a publication certification from the newspaper.

Third: Through your lawyer, an instance addressed to the corresponding title registrar is drafted, stating all the facts, and requesting the issuance of the duplicate due to loss or damage. The following documents need to be attached to said instance:

1. Sworn Statement
2. Certified publication from the newspaper regarding the loss of the title
3. Identity Document
4. The corresponding taxes
5. Copy of the Certificate of Titles or Annotated Certificate (if you have it) (in the case of damage, this requirement is mandatory)

Duration-

Usually, the real estate jurisdiction for the delivery of the new duplicate for loss, provides an estimated time of 45 to 60 days.

In the title register they will provide you with a receipt with the delivery date.

Payable taxes-

It will need to be paid at the Banco de Reservas closest to the Real Estate Jurisdiction for Certificate of Titles, Annotated Records and Certification of Creditor Registry: RD$4,000.00 for the first Request and RD$6,500.00 for subsequent requests made.-

On the other hand, when it comes to the General Directorate of Internal Taxes, the following taxes must be paid:

– Receipt Law 89-05 RD $ 100.00 (College of Notaries of the Dominican Republic).

– A Stamp Law 91 RD$50.00.

– Receipt Law 33-91 RD$10.00.

– Receipt Law 33-91 RD$5.00.

It is essential to have an ORIGINAL TITLE CERTIFICATE of a Property, given that without it, you will not be able to do the following:

1. Sell the property
2. Request loans by placing said property as collateral
3. In case it is part of a donation or inheritance, it would be very difficulty to recognize that right.
4. Among others

In case you would like to transfer a real property or would like to learn how to transfer it, we invite you to read the following:

1.  Requirements to transfer a real estate property in the Dominican Republic  
2. How to transfer a Real Estate Property in Dominican Republic

At our law firm Morillo Suriel Attorneys at Law, we have a division specialized in Real Estate Law. We can assist you with any questions or concerns you may have on how to request a Property Title, as well as requesting a Duplicate of your Property Title in the Dominican Republic.