Real Estate and Tourism Law

Real Estate and Tourism

If you are evaluating the possibility of buying or selling a real estate property in the Dominican Republic, in order to guarantee your investment, you need adequate legal advice. Ulises Cabrera for over 40 years has been successfully dedicated to the practice of this branch of law, specializing in real estate business in all its forms.

All operations that affect the transfer or assignment of the right of ownership, such as acts of sale, exchange, dation in payment, mortgage registrations and other modalities.

Further Information

Sanitation

It is the process of public order through which the land is determined and individualised, the rights over it are purified and registered for the first time. It consists of three stages: a) Measurement; b) The judicial process and c) Registration. Our mission is to to provide legal support until the certificate of title is issued in your favour, in order to protect the property rights of the resulting property.

Litigation over registered rights

The word Litis comes from the Latin liswhich means a lawsuit or dispute. It is defined as a contradictory process that is introduced before the courts of the Real Estate Jurisdiction in relation to a registered right or property as a result of a questioning of the main or accessory real right.

Judicial intervention is often necessary to validate or enforce property rights. This need gives rise to litigation, whether to secure a contested property right, to reclaim a lost right or to enforce, through eviction, the property right and the property irregularly occupied by third parties. A reliable and competent law firm is one way to guarantee the full exercise of property rights.

Boundaries. Subdivisions. Recasting. Other land modification processes.

Demarcation is the act of surveying a parcel of land to establish the parcel status of a particular part of a registered plot of land, supported by a Constancia Anotada, so that the owner can separate his property from the rest of the original parcel, register his individual plan and obtain his Certificate of Title. Subdivision is the act of survey carried out to subdivide a cadastral entity (parcel or plot) into two or more independent cadastral units, provided with an individual plan and supported by an independent and definitive Certificate of Title. Mergers are also land survey processes that consist of unifying several properties or portions of different properties into a single cadastral entity, leading to the creation of a single plan with an individual, independent and definitive certificate of title. The real estate regulations foresee other types of land modifications such as urbanisation, which consists of regulating with planimetric instruments and independent entities subject to condominium control regulations, with access to public roads, green areas, inter-institutional spaces, etc., whose individual properties may be held by private individuals. The constitution of residential condominiums or commercial premises, subject to the Condominium Law and to planimetric surveys of subdivision by functional units, is also subject to regulation.

Evictions

This is the procedure by which a registered property is released from any illegal occupation. It can be carried out before the State Attorney or judicially before the courts of original jurisdiction where the property is located.

Tourism

Our firm has extensive experience advising clients in the area of tourism, in processes related to obtaining authorisations and tourist permits, tax exemptions favourable to the development of tourist areas, as well as the management of the law 158-01 (CONFOTUR). We also provide services in the installation of hotels, bars, restaurants, all related permits, environment and everything related to tourism.

Regularisations

(i) The legal, consisting of the procedure submitted to the land court of original jurisdiction when actions such as transfers, cancellations of mortgages or any other encumbrances cannot be submitted administratively because they do not meet all the requirements demanded by the Registry of Titles; and (ii) The technical, which is the act of parcel survey by which all the holders of Annotated Certificates by common agreement, locate, determine and individualise one or more of their parcels of land by administrative means. The technical work must be approved by the corresponding Regional Directorate of Cadastral Measurements. This procedure is applied as long as there is an agreement or no voluntary written objection from all holders of valid Annotated Certificates within the area of the parcel to be regularised.

Real Estate Depurations

Real estate transactions, regardless of their nature, must be secured by means of actions that make it possible to reflect their legal reality. Some of these operations have to do with the history of the property, known as tracto sucesivo, which makes it possible to determine the origin of the right and its legitimacy, environmental restrictions, as well as the registered legal status of the property or its availability with regard to charges, encumbrances, privileges, etc.; with the real value or appraisal or with the fiscal or tax situation of the property. For this reason, it is advisable to have the property checked beforehand with certificates from the registry authority, the tax office and authorised appraisers.

Administrative proceedings concerning real estate transactions

Administrative proceedings are carried out both before the land courts and before the title registers that make up the Real Estate Jurisdiction. The most frequent are, among others, transfers of rights based on sales, exchanges, dations in payment, assignment of rights, etc.; corrections of material errors; reconstruction of registers; reissue of duplicate deeds due to loss of the originally issued one; also mortgage registrations in their different modalities (conventional, judicial, married woman’s); registrations of privileges in their different modalities (unpaid seller, conventional, etc.); cancellations of such mortgages and privileges; cancellations of oppositions or preventive measures; cancellations of such mortgages and privileges; cancellations of oppositions or preventive measures; cancellations of oppositions or preventive measures.The cancellations of such mortgages and privileges; registration of oppositions or preventive measures, etc.; registration of long term lease contracts; registration of improvements; among others.

Inheritance Rights

One of the most common and in-demand areas is the claim and determination of inheritance rights. In order for the survivors of the deceased to be able to transfer real property rights in respect of the property left by the deceased, they will require, among other processes, to exhaust a procedure called Determination of Heirs before the Real Estate Jurisdiction, which is processed administratively through the land court of original jurisdiction, provided that there is no conflict between the heirs or with third parties, and will involve the participation of the other bodies of the Real Estate Jurisdiction, the Registry of Titles and the Regional Directorate of Cadastral Measurements, the latter in the event that it includes a physical partition of one or more of the properties of the estate. It is a process that is processed either by virtue of a will left by the deceased or by pure and simple opening of his estate or both, before the court of the place of the property, and in the case of several properties located in different localities, it will be before the court of the interested party’s choice of the jurisdiction of one of the properties of the estate.

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