On May 16th, 2013, the Supreme Court of the Dominican Republic issued Resolution No. 1419-2013, of Diverse Procedures before the Title Registrars and the Cadastral Measurement Offices (“Resolution No.1419-2013”).
Within the Diverse Procedures proposed in such Resolution No.1419-2013, is the survey (or deslinde) of real estate properties supported by Annotated Records (i.e. Constancias Anotadas), and whose guidelines we detail below:
At the outset, the Resolution No.1419-2013 foresees that every owner of real estate properties whose property is supported by an Annotated Record and for which individual blueprints have been approved by the General Office of Cadastral Measurements, without having completed the corresponding surveys; shall proceed to make the survey of such rights to property in the real estate properties, pursuant to Resolution No.355-2009 instituting the Regulation for Plot Regularization and Deslinde.
In the case of death of purchasers of real estate whose property arises from a contract of transfer of real estate supported by a Annotated Record (Constancia Anotada); the survey process may be initiated through the Regional Office of Cadastral Measurements, jointly with the Determination of Heirs, liquidation of co property and transfers.
On the other hand, if the acquisition of the real estate arises from an agreement for the transfer of property and such property is supported by a Annotated Record (Constancia Anotada); the purchaser of such real estate property shall initiate the process of survey before the competent Regional Office of Cadastral Measurements, by presenting the documents for the survey and the real estate property transfer.
From the provisions of Resolution 1419-2013 on the subject of real estate property survey it may be said that all those who wish to acquire, sell or transfer property rights of real estate located in the Dominican Republic, whose right to property is supported by an Annotated Record shall make the corresponding survey process of such property before the Regional Office of Cadastral Measurements.
Therefore, all persons who enter into real estate purchase, sale and transfer operations in the Dominican Republic, should procure the legal assistance of qualified and independent lawyers in the real estate sector to verify the legal status of the property subject to such real estate transactions and to anticipate the costs and other requirements which may be necessary to achieve the transfer of the property.
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