DESLINDE PROCESS – DISENGAGEMENT
Deslinde process – Disengagement – New property law (108-05), which came into force on 4 April 2007, radically changed the laws of the Dominican Republic related to real estate. One of the key elements of modernization was the requirement of “deslinde” (disengagement) for all real estate transactions – purchase, sale, mortgage, condo, etc. forming.
Deslinde is a legal procedure by which a portion of land within the site is separated from other portions within the same site. In other words, the procedure transforms deslinde conditional title, guarantees the right to the possession of a large plot of land within the site, the final title, which guarantees individual ownership of the land.
As a result, a plot of the land is land with its own cadastral plan, the final guaranteed title. Most legal systems around the world recognize and record the individual portions of the land and are not allowing to perform transactions, the object of which is the portion of the land, not separated from the general area. New registration system is currently in a transitional period up to April 4, 2009, during which the transactions with the property with has no deslinde are still possible, although severely restricted. Starting from April 4, 2009 real estate transaction with no deslinde be prohibited. This means that the Registrar of Titles will allow no transaction where the subject has no deslinde.
Under the new law, the inspector should have recourse to the GPS system in the process of disengagement. Also binding on the new law, passing through the legal process of deslinde phase will be conducted through the Land Court of First Instance, if appropriate in the presence of an attorney. In difference to the processes of deslinde under the old law, when a large number of processes of disengagement were conducted only in the administrative form, which made a huge number of cases of fraud possible.
Currently procedure consists of 3 phases:
1. Inspector part – Certified inspector measures the property, using the GPS system, after notification of owners of adjacent lands. After that, the inspector sends a report to the Regional office, which is subordinate to the Supreme Court of Appeal. If the information provided is approved, the Office provides the plot of land with the new cadastral designation and grant permission to proceed to the next phase.
2. Legal part – The process moves to the Supreme Court of the Land. During this period, neighbors or third interested parties may object to the process of disengagement. Each party shall be represented by an authorized person. After debate judge shall render its decision in the process. If the decision is positive, the judge shall permit the Registrar of Titles to cancel the old conventional title and issue a new final with a new cadastral designation.
3. The registration part – The judge’s decision is driven by the Registrar of Titles, with the abolishing of the old and issuing of a new final title.