property ownership question

[billyidol]

here is my story
one of the properties i have bought is now in question with respect to owner ship

i bought this said property in the few months before the deslinde law came into effect
my lawyer checked out the ownership of this land
my lawyer and i met the person selling me this property, the titulo had his name upon it
my lawyer admits to making sure this property title was clean
i bought the land in good faith, having followed the law of the day,and now have my name upon the titulo

very recently we (my lawyer and i and the selling party i bought it from ) hear that someone else owns the land
i have not sighted any proof of this at this time, but am visiting my lawyer to work this out

questions
what legal protection is there for me, given i have paid the money for this property to the seller some time back
is the lawyer responsible in part, given that he tells me he saw the title as clean before i bought it
how can i get my money back


your asistance is welcome

[Alfredo Guzman]

In the Dominican Republic when you buy land within a property that has not had a "deslinde" done the most important factor is possession, provided your title states that "your" property is within the occupied parcel. Do you have possession of the property? Is your property correctly titled, in the sense that your property is within the title's parcel number?

In case you have a legal guarantee from the seller in case of eviction or other problems related to the property at hand.

Finally you should consult an attorney specialized in real estate litigation.

Regards,

Alfredo A Guzmán

[bachata]

If you need to consult an attorney specialized in real estate litigation. I can recomend you to call LIc. Maricela Etevez Tel. 809-581-3471 ( Santiago RD ) she is one of the best in this area.
She was " Juez del tribunal de tierra " for many years during the gov. of Pte. Balaguer.

JJ.

[Hillbilly]

That should be "Estevez" the last name of the lawyer.
Give her a call.


HB

[Eddy]

Originally Posted by billyidol

here is my story
one of the properties i have bought is now in question with respect to owner ship

i bought this said property in the few months before the deslinde law came into effect
my lawyer checked out the ownership of this land
my lawyer and i met the person selling me this property, the titulo had his name upon it
my lawyer admits to making sure this property title was clean
i bought the land in good faith, having followed the law of the day,and now have my name upon the titulo

very recently we (my lawyer and i and the selling party i bought it from ) hear that someone else owns the land
i have not sighted any proof of this at this time, but am visiting my lawyer to work this out

questions
what legal protection is there for me, given i have paid the money for this property to the seller some time back
is the lawyer responsible in part, given that he tells me he saw the title as clean before i bought it
how can i get my money back


your asistance is welcome

If you are buying a peice of property within a parcel, it is very important to have a deslinde prior to doing anything. Without it, you don't really know where your piece of land is located. On the hill overlooking the ocean or in the swamp below. INSIST ON A DESLINDE.

[Alfredo Guzman]

Originally Posted by Alfredo Guzman

In the Dominican Republic when you buy land within a property that has not had a "deslinde" done the most important factor is possession, provided your title states that "your" property is within the occupied parcel. Do you have possession of the property? Is your property correctly titled, in the sense that your property is within the title's parcel number?

In case you have a legal guarantee from the seller in case of eviction or other problems related to the property at hand.

Finally you should consult an attorney specialized in real estate litigation.

Regards,

Alfredo A Guzmán

CORRECTION:

2nd paragraph meant to say:

In any case, you have a legal guarantee from the seller in case of eviction or other problems related to the property at hand.

Alfredo A. Guzmán

[billyidol]

Originally Posted by Alfredo Guzman

CORRECTION:

2nd paragraph meant to say:

In any case, you have a legal guarantee from the seller in case of eviction or other problems related to the property at hand.

Alfredo A. Guzmán

firstly, id like to say thank you to all that responded to my question!

All has been worked out, i have been offered my money back by the seller (a dominican) which i have accepted. im very thankful that it has been settled.
rather than go to court etc which is a terrible thing.

Regarding the response above; 'insist on a deslinde'...i should say again that i purchased this land within a parcel 'before' the deslinde law came into effect. Privately, and during my buying phase i could see this weakness within the law.
This being as follows;

Buyer goes to a plot as shown to him by the real estate agent

Real estate agent says this is your plot

Buyer and seller return to the lawyer with all paper work

Lawyer checks the title as presented in paper form (lawyer does not cross check by visiting the land and cross checking it with the paper documents)

Technically, the sales agent could show the buyer one peice of land and have the paper work for another (potentially located elsewhere / or even just next door to the property he's showing you...and potentially less desirable that the one he's showing you)
The buyer being unfamiliar with the local area would be none the wiser

This gps idea is a good idea........in my opinion

But yes, these days, i always insist on the gps system.......which i understand is bogged down with so many people attempting to have their properties deslinded