The result is a definitive title deed accompanied by an approved cadastral plan, which makes the property independent from the rest of the plot and gives it a unique identification number.
SANTO DOMINGO.- If you are a real estate agent, you will not be indifferent to the question, "Is the land demarcated?", a constant question that is part of the daily life of the profession.
The surveyor is the professional called upon to handle the technical knowledge of the term; however, as it is part of the real estate glossary, every broker must be able to answer the questions of their clients.
We're sharing the basic concepts of its meaning, in case you're still unclear. Law 108-05 on Real Estate Registration, in its article 130, regulates the concept of boundary demarcation, which is a process by which the demarcation between one site and another is determined. It serves to individualize a property right of one person from others that fall on the same territorial location or parcel.
It includes the precise location of the property through coordinates obtained with GPS measuring equipment, represented on a cadastral map that is submitted to the Directorate of Cadastral Surveys to be reviewed and approved.
A second definition states that it is the technical operation and judicial process that aims to separate a portion of land over which the real estate property right that appears registered in community falls, so that from now on it emerges into legal life as an individualized property, with its particular cadastral designation and with all the legal consequences of rigor.
The result of the demarcation is a definitive title deed accompanied by its approved cadastral plan, which makes the property independent from the rest of the plot and gives it a unique identification number.
Acquiring a property that has been previously surveyed and georeferenced offers greater security for real estate investments in the Dominican Republic, as it allows for instant verification of the property's satellite location, boundaries, and exact square footage. Furthermore, it facilitates obtaining financing from financial institutions. In conclusion, it makes investments within the framework of a real estate transaction more viable and efficient.
Since the coordinates of a surveyed property are unique and unrepeatable, the process provides the owner with a guarantee of exclusive rights endorsed by the Directorate of Cadastral Surveys and the Registry of Titles.
Phases
The demarcation process includes several stages. Namely;
The technical stage consists of the cadastral survey of a plot of land to identify, locate, and determine the boundaries of the property upon which ownership rights will be established. This is carried out by a land surveyor. It culminates with the technical approval of the work by the territorially competent Regional Directorate of Cadastral Surveys. This process takes between forty-five days and three months, depending on the complexity of the work (if objections arise from neighboring landowners or third parties not involved in the transaction) and the specific plot being surveyed.
There are two types of plots:
• Simple, comprising an area of less than 20,000.00 square meters and fewer than 10 co-owners
• Complexes, which include all units with more than 20,000.00 square meters or with less than 20,000.00 square meters that have more than 10 co-owners.
The second phase is the judicial stage where the plans approved by surveying are submitted to the original jurisdiction of the territorially competent Land Court so that it can hear the demarcation process and decide its regularity.
The third step includes the registration of the new territorial demarcation or parcel resulting from the individualization carried out and the Certificate of Titles is issued in favor of the owner according to the parameters indicated in the judgment.
A bit of history
In 1920, the Dominican Republic established a real estate transfer mechanism, called the Torrens System, named after its author, Robert Torres, an Australian; it stipulated that the State was the original owner of all land.
Each parcel was assigned a number to identify it within its locality, a division called a Cadastral District (DC). Thus, each parcel belongs to a DC within a municipality within a province, for example: Parcel 5, DC 7, Jarabacoa, La Vega.
When a parcel of land is registered, the territorially competent land registry issues a Certificate of Title with information about the land and its owner. To sell the entire parcel, the owner must transfer the Certificate of Title, but to sell only a portion of it, a different mechanism was implemented: the Annotated Certificate (CA).
The CA was a document that certified a person's rights to a portion of land within a parcel; however, it was discontinued because it did not specify the location.
In this regard, the Real Estate Jurisdiction, through Resolution No. 517-2007, issued regulations suspending the issuance of new Annotated Certificates, limiting their granting to exceptional cases. These provisions do not apply to Condominium Associations that hold rights over condominium units.
