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If you have ever wondered what a determination of Property Boundary Lines is, how this process works in the Dominican Republic, as well as its uses and advantages, we will provide you with a detailed explanation of the subject in this article.
According to the Dominican Constitution in Article 51: “The State recognizes and guarantees the right to property. Properties have a social function that involves obligations. Everyone has the right to the use, enjoyment, and provision of their goods”.
The right to own property is a fundamental right intended for all and must be guaranteed by the Dominican State. Law 108-05, on Real Estate Registration, is intended to guarantee protection for the property of citizens.
This is the process by which the demarcation between two sites is determined. The purpose of this process is to formalize the ownership right supported by an Act of Sale or a Recorded Certificate so that its owner can have the property delimited within the rest of the parent parcel, register its survey map, and obtain its Certificate of Title.
Land delimitation is done to individualize the property rights of multiple people who have a right over the same territorial demarcation or parcel.
The demarcation process is contradictory in nature, i.e., the validity of the demarcations must be debated, in order to guarantee the protection of the property rights of each of the adjoining individuals.
Some of the benefits that add to the importance of Land delimitation are as follows:
A Certificate of Title and an Ownership Certificate prior to Individualization are very similar documents, given that both certify the right of ownership over immovable property, but they are not the same.
What is a Certificate of Title?
A Certificate of Title is a document that protects the ownership right of land that has been previously individualized and has an individual survey map.
What is an Ownership Certificate prior to individualization?
An Ownership Certificate prior to individualization protects rights of ownership over a larger land, i.e., having co-ownership with one or more people and not having an individual survey map of the land in question.
When buying property, it is important to identify which document validates ownership rights based on the fact that, if we are acquiring a portion of the land and the document that sustains your proprietorship is a certificate prior to individualization, we have to ask our seller to provide proof that there is an individualization of the area you intend to purchase, which does not happen when you buy with a Certificate of Title.
Before the Real Estate Registration Law, which is Law No. 108-05, entered into effect the vast majority of real estate sales were made without demarcation because this process would take years to finish. Consequently, before demarcation existed, properties were simply a portion of land within a Larger Major Plot owned by many people, each having the same cadastral designation.
To perform a demarcation, it is necessary to have a lawyer and a Land Surveyor. It is important to know that the participation of the surveyor is essential for the technical portion of the process, given that they are the technicians qualified to perform the task of demarcation in this country.
As we have stated previously, Demarcation is the process where the property boundary lines between one place and another are determined, and in order to achieve its goal, this process must exhaust the following phases:
This process is carried out by the Land Surveyor and it consists of Surveying a plot in order to individualize, locate and determine the land on which the property right will be consolidated.
The purpose of this process is to verify the condition of the parcel in a property.
The duration of this process varies and will depend on whether objections are presented by the neighbors or other third parties, and the complexity of the plot in question.
The technical stage ends when the technical approval of the work is issued by the Regional Directorate of Cadastral Measurement with territorial jurisdiction.
During the judicial stage, the Judge in charge of the proceedings will verify that all the formalities related to the process of delimitation of property have been conducted appropriately by the Acting Surveyor, in order to validate the technical approval granted by the Regional Directorate of Cadastral Measurement.
At this stage, the Surveyor needs to submit the plans approved by the Directorate of Measures to the Original Jurisdiction of the corresponding Land Court, to have them review the Demarcation process and determine its validity.
Each of the adjacent owners and creditors registered in the process must be summoned, applying all the common formalities of Litigation proceedings on Registered Rights. Two hearings are then held, one for the presentation of evidence and the other for the presentation of conclusions. After these hearings, the Demarcation is judicially approved and the registration of the individualized property right by means of Judgment on the land is ordered. This stage concludes with a Judgment ordering the Registration of a new Plot to the appropriate Registrar of Titles.
In this last stage, a new demarcation or plot is registered, which will result from the individualization carried out in the Judicial Stage.
This stage is conducted exclusively by the Registrar of Titles with jurisdiction.
This stage concludes with the issuance of a Certificate of Titles, in favor of the owner and the cancellation of the Ownership Certificate prior to individualization.
– Certificate of Title
– Building plans approved by the Directorate of Cadastral Measures
These are the main things you should take into account to ensure your land is in order or if you are considering buying property in the Dominican Republic. If you need more information, we invite you to reach out to us using the contact methods we have available HERE.
At our law firm Morillo Suriel Attorneys at Law, we have a division specialized in Real Estate and Business Law. Through this division, we can assist you with any inquiries or requests you may have regarding Real Estate Document Verification in the Dominican Republic or Property Verification. Our attorneys are available to assist you anywhere you may be in Santo Domingo, Dominican Republic and the rest of the world, through Online Consultation or the on-site Consultation tool in our firm.
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