Quote:
Originally Posted by rocker67
thank you all
id like to keep this post going a little longer ....'judicar' ill look into this
i have a titulo that refers to a parcel of land only x-ref-xx on the titulo it does not say tha actual block
stapled to the titulo is a surveyor drawing it is called the mensural catastral and has a block number clearly identified as block number xxx
is this enough to 'judicar' this block as my block given i possess the above
thanks
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I came here about eight years ago. After a year or so I located a little condo I wanted to purchase in a community. The community had been successfully operating for something like 13 years at the time. Nice people, seemed a good investment.
Fabio Guzman was my attorney at the time. I let him know of my intent to purchase this condo. At the end of his research he told me that the survey/title were non-specific. When I asked more he told me the same thing you learned.
He told me that the title says I own "x meters within this larger y meter plot" but that no specificity was given as to which x meters were to be mine. Well, that wasn't good. So I did some more research on the community and made a BUSINESS decision to continue with the purchase.
Fabio probably thought I was nuts (which many people do these days). He had me sign a document releasing him of any liability for the purchase and going against his legal advice. I chuckled when I signed it because he was soooo right in his advice but I really wanted the condo.
So, condo closed. I owned it for 4 years, loved it and subsequently sold it to someone else. So there was a good ending.
The point of this is that a GOOD lawyer will tell you when you are entering into obscure territory without predictable legal results. I could just as easily of owned x meters in the middle of the swimming pool as I could the condo. But my BUSINESS assessment was that the risk was worth it. To me, this is how a good lawyer and business person work together.
So Fabio has given you some advice and I recommend you take it. Every responsible real estate attorney of which I am aware has excellent connections with local certified, licensed surveyors. They could not do their jobs effectively and completely otherwise.
You should get a new lawyer (this one has proven his/her worth) and push to get a proper deslinde done. You have a purchase agreement, I suppose, along with the title and map. Get the surveyor to validate it.
But I'd move on this with due haste so no one else falls out of the sky claiming to have purchased the same obscure block of land.
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