According to Law 108-05 on Real Estate Registration, the only secure property is the one that has a title issued by the Real Estate Jurisdiction.
SANTO DOMINGO. – Brenda is almost used to receiving “opportunities” every week since she announced her plans to buy a home and return to Santo Domingo, sent by friends, family, and some real estate agents she has contacted.
This time, while chatting with his brother Alfredo and his sister-in-law Thelma, he received a call from his sister Ana, who had flown to Santo Domingo from Madrid for Christmas.
"Brenda! Listen carefully: that apartment is for you," Ana said, without even saying hello. "I went to see it this morning. It's in the La Fe neighborhood, in the Ortega y Gasset Residential complex. It's quiet; you can hear the birds all day long. It's centrally located, huge, with three bedrooms, two bathrooms, a second bedroom with assigned parking, and everything is spotless. And the best part: they're asking RD$8 million.".
Brenda took a deep breath: “So what’s the catch? Because I know that when something sounds too good in the Dominican Republic…”
Ana, lowering her voice slightly, said: “Well… it doesn’t have a title. But don’t worry, the owner told me that can be sorted out.”.
Brenda closed her eyes. “That can be sorted out” was exactly what she’d heard that had gotten so many people into trouble. After hanging up, she decided to do what her cousin Cesar had taught her: never get excited without verifying, and she decided to call him.
"Call César," Alfredo told him, "that doesn't give me a good feeling.".
After the family greetings, César, with all his patience, tried to explain to them the reality of acquiring a property without a title.
The implications
What does it mean for a property to “not have a title”? In the Dominican Republic, a property without a title can mean several things, some more serious than others:
1. There is only one "deed of sale," but it was never registered in the Property Registry. This is the most common case, and it is likely that the property has changed hands several times, but no one completed the transfer process.
2. That the property belongs to a state project (as is the case here) without individualized units. Many government-built residential complexes constructed between the 1980s and 1990s, including the Ortega y Gasset complex, have approved plans, but the apartments were never subdivided.
3. That there is a succession or heir conflict and, therefore, a title cannot be issued until the legal process is resolved.
4. The land has a title, but the building is not "registered." This is a situation that happens more often than it seems: buildings without a declaration of improvements to the Real Estate Jurisdiction.
Brenda's breathing quickened as César, now used to her emergency calls, explained: "Before you dream, Brenda, you must ask yourself these questions":
1. What is the exact reason why the property does not have a title?
Without this answer, no progress can be made. It's like diagnosing before operating.
2. Is the building demarcated?
If it isn't, the process is long and depends on all the owners agreeing.
3. Is there an original owner with a master title?
If there is only a "general title of the plot," the most important phase is missing: individualizing each unit.
4. Is there an inheritance process underway?
If the sellers are heirs, they must present:
• Declaration of heirs
• No objection certificate
• Consent forms
If one is missing, Brenda could lose time… and her money.
5. Are the plans approved by Public Works and the Property and Housing Registry?
Without blueprints, there's no way to issue a title.
6. Who would pay for the land titling (demarcation + declaration + taxes)?
Such a process can cost between RD$120,000 and RD$250,000 or more, depending on the case. The seller offering a "bargain price" almost never wants to take it on.
7. How long would it take to obtain the degree?
Realistically: from 6 months to 2 years (being very optimistic).
Brenda's pencil is already half-used, but she keeps writing everything down. And she asked the inevitable question: Should I buy that property?
César's answer was very technical: it depends. And that's because, according to Law 108-05 on Real Estate Registration, the only secure property is one with a title issued by the Real Estate Jurisdiction.
Everything else is a private matter, without any real guarantee. Therefore, if Brenda wants to consider this purchase, she must observe the conditions on the following checklist:
✔ There is a clear title devoid of encumbrances
✔ The plans are approved
✔ The building can be demarcated
✔ All heirs are alive and signing
✔ The seller agrees to deduct the cost of sanitation from the price
✔ The process is in the hands of a registered surveyor
However, if any of the following aspects are not covered, Brenda should forget about that "bargain" and never even think about buying it:
✘ There is a conflict between heirs
✘ There are no plans of the building
✘ There is opposition in the condominium
✘ They promise to "get the degree later," without documentation
✘ The apartment has been in that “legal limbo” for over 30 years
Cousin Cesar was very clear: “Brenda, don’t throw your money away on a sale. If there’s no clear legal path, let it go. The capital is full of good opportunities, with and without a title, but you need security, not headaches.”
"Don't even think about it!" Thelma and Alfredo told him at the same time.
“I’m going to write a book with everything I’m noting down. There are so many details that many people don’t know about,” Brenda said to herself, as she put away her notebook.
