Please help...i bought land and dont know its location - Page 2

rocker67 · #11 05-30-2009, 12:20 PM

Thank you for your responses

i have tried to find the previous owner her name is

carmen rosa nunez hernandez
apparently she lives/ed in santiago and is a lawyer

i even have her photo which was held by my current lawyer in the file at her office. it has her cedula number and DOB

God i wish i could get out of this situation

help

Lambada · #12 05-30-2009, 01:30 PM

Now you know who it is, you can go ahead & contact them. Good luck & I hope it works. Btw, no need to put their name here; they might not want their name on a public forum.

Castellamonte · #13 05-30-2009, 03:01 PM

Quote:

Originally Posted by rocker67

Are there any legal demands i can make??
has this seller broken any laws?
Is he legally bound to show the land?

what can i do????

Mr Guzman, ive used your services before and have been very impressed , i just got my residency with one of your Santo Dom lawyers..........fantastic. Their assistance was always 'prompt and factual'

please help me if you can

Julio Brea, Guzman Ariza, might be the best person to investigate this for you. Every speck of land I own in the island I rely upon him, Fabio or other highly reliable attorneys. I have never been sorry.

When purchasing property you need to get the Title and Survey copy. Prior to making payment your attorney should retain a surveyor to ensure the property is accurately reflected in the title. The attorney will also ensure the title is clear, accurate, correct, unencumbered and transferrable.

Then and only then do you release funds. Do to otherwise in this or any other country is simply foolhardy.

A sale of property should not state "x square meters within this block of land" without a higher degree of specificity. The description should be extremely clear. Thank God now the surveyors must use GPS coordinates to further ensure accuracy.

If I were you, I would likely grab the attorney in question and demand s/he aggressively pursue locating and validating the property location. At their expense. Otherwise this is not what I would refer to as a "highly respectable" lawyer.

Guzman or Garcia or Hache or Fernandez and similar lawyers all stand by and defend their opinions. I've been party to it sometimes in some purchases I've made and I am consistently impressed with them.

The cheapest way to purchase real estate in the Dominican Republic is to have a very superb and honest lawyer. Consider it a form of insurance to rationalize it. "Cheap" does not translate to inexpensive in this country.

Respectfully,

rocker67 · #14 05-30-2009, 03:31 PM

Quote:

Originally Posted by Castellamonte

Julio Brea, Guzman Ariza, might be the best person to investigate this for you. Every speck of land I own in the island I rely upon him, Fabio or other highly reliable attorneys. I have never been sorry.

i have been to brea and was referred to him by my lawyer who originally handled this purchase. he does not know who owns block xxx ...he knows who owns the land next to me though.

important, my titulo only say i own land in x ref xx . there is an attached catastral mensura survey that says block number xxx. however how am i to be sure that the mensural block survey attached is of my actual block...given the block number doesnt appear on my titulo

When purchasing property you need to get the Title and Survey copy.

see above and hereñ
important, my titulo only say i own land in x ref xx . there is an attached catastral mensura survey that says block number xxx. however how am i to be sure that the mensural block survey attached is of my actual block...given the block number doesnt appear on my titulo[/COLOR]

Prior to making payment your attorney should retain a surveyor to ensure the property is accurately reflected in the title.

[COLOR="r i have a mensural catastral, the block number appears on it. the block number doesnt appear on my titulo[/COLOR]

The attorney will also ensure the title is clear, accurate, correct, unencumbered and transferrable.

she has done so based on the x ref xx parcel number which refers to many blocks in the land parcel

Then and only then do you release funds. Do to otherwise in this or any other country is simply foolhardy.

A sale of property should not state "x square meters within this block of land" without a higher degree of specificity.

no more specificity appears
titulo 987m2 .......land parcel x ref xx

The description should be extremely clear. Thank God now the surveyors must use GPS coordinates to further ensure accuracy.

i bought the land just before the deslinde law came in

If I were you, I would likely grab the attorney in question and demand s/he aggressively pursue locating and validating the property location. At their expense. Otherwise this is not what I would refer to as a "highly respectable" lawyer.

i have tried she doesnt know what to do.

Guzman or Garcia or Hache or Fernandez and similar lawyers all stand by and defend their opinions. I've been party to it sometimes in some purchases I've made and I am consistently impressed with them.

The cheapest way to purchase real estate in the Dominican Republic is to have a very superb and honest lawyer. Consider it a form of insurance to rationalize it. "Cheap" does not translate to inexpensive in this country.

she wasnt cheap, she was highly respected by DR1 people....her name will not be mentioned

Respectfully,

please see above for my responses

rocker67 · #15 05-30-2009, 03:42 PM

i have aggressively asked my lawyer to find this land

she said she researches the title only...she is not a surveyor. i need a surveyor to do this.

the surveyor shakes his head and is trying now via his land court friends to locate it

which brings me to my original problemñ how do i find land owned OFFICIALLY as opposed to the seller saying {oh its over there{.

Helpppppppppppppppppp

Chip · #16 05-30-2009, 04:12 PM

A friend of mine who is a lawyer says you need to judicar your claim to the property. Any persons that have interest in the property will have to make a claim to it and the judge will utimately decide. I assume the previous property owner at some point will be subpoened and if he fails to show up this will cause him problems.

CFA123 · #17 05-30-2009, 04:49 PM

Chip,
He unfortunately doesn't seem to know specifically where the land is that he purchased... the lot he was shown by the seller is apparently not the lot in his sale documents... and from what he says there is not enough specificity in the documents to properly identify 'his' lot - whereever it might be.

Lambada · #18 05-30-2009, 05:19 PM

Quote:

Originally Posted by Castellamonte

When purchasing property you need to get the Title and Survey copy. Prior to making payment your attorney should retain a surveyor to ensure the property is accurately reflected in the title. The attorney will also ensure the title is clear, accurate, correct, unencumbered and transferrable.

Then and only then do you release funds. Do to otherwise in this or any other country is simply foolhardy.

Absolutely! I think this statement ought to be etched at arrivals at each airport for the benefit of the new folk.

rocker67, you've had some good advice on here so I suggest we let you pursue some of it, without further interruption. Do let us know how it went, if you would like to. I'm concerned that your energy might get side tracked to debating the case here, rather than taking the actions you need to take. Good luck to you and I hope you get it resolved as quickly as possible.

Chip · #19 05-30-2009, 07:12 PM

Quote:

Originally Posted by CFA123

Chip,
He unfortunately doesn't seem to know specifically where the land is that he purchased... the lot he was shown by the seller is apparently not the lot in his sale documents... and from what he says there is not enough specificity in the documents to properly identify 'his' lot - whereever it might be.

I explained that clearly to my lawyer friend and I just posted the info he told me. It seems to make sense though, demand the court make a judgement and it will be up to other parties involved to prove that they have clearer title to the land than the op.

Fabio J. Guzman · #20 05-31-2009, 11:53 AM

[QUOTE=rocker67;759338]i have aggressively asked my lawyer to find this land. she said she researches the title only...she is not a surveyor. i need a surveyor to do this.[QUOTE]

Your lawyer's position is irresponsible. As you attorney, she should have hired a surveyor to locate or verify the location of the property before closing. That's part of her job as your legal counsel.

Due diligence on a real estate transaction should always include verification of the location of the real estate, despite the pressures for a quick closing from the broker and/or the seller, and despite the fact that too many lawyers omit this crucial step. Doing the proper due diligence is a must, even though it takes a little bit more time and the surveyor has to be paid.

Our overview on purchasing real estate in the Dominican Republic states:

• Survey: An independent surveyor should verify that the property to be sold coincides with the one shown on the survey presented by the seller except when the property is located in a previously inspected subdivision. Cases have occurred in which a buyer acquires title over a property some distance away from the one he or she believes to be purchasing due to careless work by a previous surveyor or to fraud by the seller. The survey should be checked even when the seller provides a government-approved plat.