Re - Cabarete -Property Protection / How valid is a Land Title in the DR

timelessdreams · #1 07-31-2004, 05:35 PM

Senor Guzman,

This subject has been redirected from another thread regarding the comotion that took place in Cabarete recently. (Unrest in Cabarete)

It seems 'squatters' that lived on some privately held property were ousted from what they called home by the military police along the main road in Cabarete. I imagined some of them 'squatted' inside existing empty businesses, and/or constructed barish homes on empty lots.

Most of us can understand why squatters would be ordered by the military to remove themselves from the property, but this case has revealed that foreign business owners/ homeowners' properties were completely demolished, including some 3 story erected concrete structures. Some removed due to the demolishing, claimed holding valid titles to the land and were ignored. I'm not sure of the validity of the circumstances, but my concerns are as follows~

We are intending to purchase porperty in this very area bewteen Sosua and Cabarete. It has been steadily recommended by many members of the board, other attorneys, and many investors in the DR (including yourself, I believe) to aquire title through Stewart Title. I believe that it is because this company has a ligitimate reputation here as well as in several other Islands in the Caribbean.

BUT, when a military police action takes place, such as in this instance, what guarantees STUART TITLE is immune to such aggressive tactics. It doesn't seem as if ample time may have been given for persons who held valid title to even produce it, prior to the mighty bulldozer. Is the military trained and aware of an otherwise 'VALID' title?

If, in fact, VALID title/deed is held by a property owner who, unfortuantely faces such a tragic action, what re-course would they have? Would the TITLE company be repsonsible?

Your thoughts, expertise and knowledge in the area is greatly apprieciated!

Warm regards,
Susie

timelessdreams · #2 07-31-2004, 08:11 PM

Quote:

Originally Posted by Rocky

I certainly didn't mean to infer that you had not done your homework or that you were in any way negligent.
The point that I was trying to make was that DR real estate is solid and those who are using the "Cabarete event" to make it sound like one should not buy property in this country, are, IMHO wrong.

No insult taken. As always, I appreciate any and all feedback!
I humbly believe one can never do 'enough' research!

Thanks,
Susie

KenoshaChris · #3 08-01-2004, 11:49 AM

Stewart Title, Transamerica Title, Chicago Title, First American Title? None of them can prevent the government from coming in. Remember Cuba?

AlaninDR · #4 08-01-2004, 12:27 PM

Title companies only insure title at time of closing, nothing subsequent to that. If, a big IF, the Cabarete titles were in order, it would be actionable against those that ordered the destruction. I would assume and hope that the true and legal owner was behind it all and simply wanted the squatters removed and was willing to scarifice the improvements. There are many cases in north Texas where police have been called to physically remove people from property that has been condemed for reasons of health and/or emminent domain issues.
Having been a landlord most of my life I can sympathize with those in the right and against those using and abusing the system. I look forward to learning more about this situation.
On a related note. Since foreign banks have no liability towards their branch banks in DR, is this true of the title companies also? That is, are they a totally separate entity?

AlaninDR · #5 08-01-2004, 03:25 PM

Don't all (or almost all) policies exclude "Governemnet action, war declared or undeclared, civil strife, insurrection etc?"

My point was that title insurance only covers title irregularities up to the time of closing. Any new events taking place after the closing are not covered unless it is an event affecting the title prior to closing. For instance, an unrecorded lien or transfer shows up after the closing but was dated prior to closing.
Still, it's a sad state of affairs when military force must be used to remove persons from property regardless of who is in the right. I have been involved in removing squatters in Honduras using military force. I had the proper title and had even bought the "rights of possession" from all the squatters on the land.....then they moved back. Sometimes it's hard to temper anger when the other side is waving with their middle finger. It can always be taken up another notch.

cobraboy · #6 08-01-2004, 03:56 PM

Private property ownership is a cornerstone of a free democracy. It needs to be recognized. If the government won't enforce private property rights, what is left to protect?

Peter & Alex · #7 08-01-2004, 10:43 PM

Hey c'mon!! If some powerful, rich, influential judge - person - politician wants your property then he's gonna just fiddle the papers and take it!!
I'm not rying to scaremonger - but - it happens here in the DR!!!

Robert · #8 08-02-2004, 09:41 AM

If anyone would like to speak directly to Stewart Title about what they will and will not cover, I suggest you email Ivan Guerrero their Sales and Marketing manager here in the DR. He is a super nice guy and speaks perfect English.

email: stdbusiness@verizon.net.do

Chris · #9 08-02-2004, 11:16 AM

Quote:

Originally Posted by Peter & Alex

Hey c'mon!! If some powerful, rich, influential judge - person - politician wants your property then he's gonna just fiddle the papers and take it!!
I'm not rying to scaremonger - but - it happens here in the DR!!!

Anyone wants to take a bet as to which large hotel AI group is moving in?

Juan · #10 08-02-2004, 02:10 PM

As we speak they are talking on Sosua Beach about demolition! There is police precense telling the shop keepers to move out. Seems the Hotel purchased the property (right) from the outgoing administration. This will also put many people out of work and create havoc on the North Coast.