Access included in Title?

[choudini]

Hi
I am looking at buying a piece of land that is in the back of the existing track(on the lagoon.) Is access included in a title because it is a part of a parcel? Are there laws in the DR that give me access after a length of time or because of location?

I have been told that a parcel like this can't be sold unless access is included. How would it be included? Does it say in the title? What kind of negotiation is this?

Please help me understand what I am looking at before I decide if I want to hire a lawyer to persue purchasing this land.

Thank you. Choudra

[Fabio J. Guzman]

First, you should always hire a lawyer before purchasing property in the Dominican Republic, making sure that he or she takes good care of the required due diligence ( http://www.drlawyer.com/txt/articlesreal.html ) Many lawyers who are very popular with brokers and sellers don't do this.

As for your question, access is not included automatically just because it is located within the same parcel as your property. The right to use a private road or path should be recorded separately on the same title as a “servidumbre” (easement).

Only in case your property has no access at all to a public road, does the law grant the landlocked owner the right to go through the adjoining property to reach the nearest public road (Article 682 of the Civil Code). The landlocked owner is expected to pay for this right.