Deslinde: A new requirement to real estate transaction in DR

The new Property Registry Law No. 108-05, has several requirements for all real estate transactions in the Dominican Republic. One of those, necessary after April 4th 2009, – 2 years from the execution of the law, – is the accomplishment of a “deslinde”, to enable the Register of Titles to record any real estate transaction and consequently issue the Certificate of Title in the name of the new ownership of the property.

 

The deslinde procedure has to be made by a surveyor who is going to measure and segregate the property from all the other portions within the same parcel. The segregated portion will become its own parcel with its individual cadastral designation and a definite title.

 

W can divide the procedure into three phases: a) Technical Phase: A surveyor measures and locates the property using a G. P. S. after having given notice to all the owners of the neighboring properties and any other person who can be interested. Later, his work is submitted to the Regional Survey Office for its approval and to provide the new parcel with its new cadastral designation; b) Judicial Phase: The deslinde is presented to the Land Court, where the neighbors or any interested third party may expose their objections or conformity to the procedure. If the deslinde is approved, after the lawyer of the owner’s petition, the Judge authorizes the Registrar of Title to cancel the old provisional title and to issue the new definite title with the new cadastral designation given by the Regional Survey Office; c) Registration phase: The Judge’s ruling is executed by the Registrar of Titles.

 

It is important to mention that if the authorization in the presence of a Notary Public of the neighboring properties’ owners is obtained; the judicial phase may be omitted. This would significantly accelerate the process, considering the huge amount of work in the Courts of our country.

 

Any real estate transaction can be requested at the same time that the procedure of deslinde. In another publication, I will write about the others steps necessaries to transfer a property, according the new legislation.