The specialist proposes the creation of “a national registry of real estate disputes that alerts about properties in dispute.”.
SANTO DOMINGO – Attorney Arlina Espaillat, a specialist in business, real estate, and registry law, stated that the legal conflict at the Metro Country Club “tests the strength of our registry system and the confidence that real estate ownership should inspire in the country.” Her statements come amid allegations of overlapping titles that could affect legitimate owners.
The expert warned that if the existence of duplicate titles is confirmed, “it would be a significant red flag” and called for a review of the legal controls that guarantee legal certainty in the country. She explained that these cases usually originate from “deficiencies in communication between the courts, the Land Registry, and the Cadastre.”
The legal expert explained that the lack of prior verification of encumbrances or litigation contributes to the registration of court titles without resolving existing conflicts. “When these mechanisms are not synchronized, vulnerabilities arise that can jeopardize legitimate rights,” she stated.
Regarding the legal consequences, Espaillat explained that “ a property cannot have two valid titles at the same time.” In that sense, he maintained that “the most recent title should be annulled and the previous right reinstated, provided that the purchaser acted in good faith.”
Impact among those affected
Regarding the impact on homeowners, the lawyer acknowledged that they “may face uncertainty, legal expenses, and stressful notifications,” although the law protects buyers who have purchased legally. She recommended precautionary measures and adequate legal representation to safeguard their rights.
Espaillat also addressed the role of the Land Registry , noting that it must “review the legality of all actions taken, suspend any irregular registrations, and ensure that no new title is issued without first verifying the previous one.” While acknowledging progress in modernization, he insisted that “ there is still room to strengthen coordination between courts, registries, and the land registry.”
Finally, he proposed reforms such as “mandatory pre-registration audits before recording court titles” and the creation of “a national registry of real estate litigation that alerts about disputed properties.” He also emphasized the importance of educating buyers and developers about due diligence: “Prevention is still the best protection.”
Regarding the case of the double degree at Metro Country Club
The Metro Country Club Property Owners Association (APIMCC) denounced last week the existence of dual land titles for plots within the complex, following a court ruling that awarded properties as payment for a private debt between developer Luis José Asilis Elmudesi and creditor Suheil Elias Atallah Lajám. According to the association, the newly issued titles overlap with previously registered and valid certificates, affecting owners who acquired their properties in good faith.
The association requested the intervention of the competent authorities to review the registration irregularities, halt pending evictions, and enforce the provisions of Law 108-05. It warned that this situation jeopardizes legal certainty, contradicts the current legal framework, and could discourage national and foreign investment in tourist areas such as Juan Dolio.
