SANTO DOMINGO – What happens when someone buys a property but lets years go by without registering the sale in the Property Registry? To clear up any doubts for the public, the Supreme Court of Justice (SCJ ) clarified that the registration of a real estate sale is not subject to a time limit, so the passage of time alone does not prevent the buyer from requesting its registration.
The high court's ruling also raises an important question for buyers and owners: if there is no deadline for registering the transaction, is it advisable to wait or complete the process as soon as possible?
The answer lies in prevention. Although the lack of registration does not automatically mean that the buyer loses the possibility of registering the property, maintaining a sale without formalizing it in the land registry represents a risk.
This is because the act of sale, until it is registered in the Registry of Titles, cannot be enforced against third parties in the same terms as a duly registered right.
The SCJ decision establishes a fundamental difference between two aspects: on the one hand, the validity of the agreement made between buyer and seller and, on the other hand, the legal effects that this act may produce in relation to third parties.
What should the buyer do?
In the case of a real estate transaction that has not yet been registered, it is advisable not to interpret the absence of a deadline as a reason to postpone registration. On the contrary, completing the process allows for the public recognition of the acquired right and reduces potential future conflicts.
The buyer must verify that they have the necessary documentation and ensure that the transaction is presented to the corresponding Registry of Titles, in accordance with the established procedures.
The importance of this step increases when several years have passed since the signing of the contract, the circumstances of the property have changed, or there are other transactions related to the property.
What risks are there in letting time pass?
The fact that there is no registration deadline does not mean that leaving the act unregistered is legally advisable. The main risk is related to its enforceability against third parties.
In other words, a person may have acquired a property through a valid act, but if that right has not been registered, they may find themselves in a more vulnerable position in certain situations involving third parties.
Therefore, the SCJ's criterion should not be interpreted as an authorization to indefinitely keep a sale outside the Registry of Titles, but as a clarification that the passage of time does not eliminate the possibility of requesting its registration.
The decision thus reinforces the importance of the property registry as a mechanism for legal security and publicity of rights over real estate.
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