What is the Deslinde process?
It is the procedure to formalize the property right on a piece of land that is supported by an Annotated Certificate, so that its owner can determine its exact occupation from the rest of the original larger plot, register his individual plan and obtain his Certificate of Title. The English word for Deslinde is Demarcation.
The Property Registry Law #108-05, which went into effect on April 4, 2007, has brought about modernization in the realm of real estate transactions in the Dominican Republic. One of the significant changes brought about by this law is the requirement for a "deslinde" in all real estate transactions.
A deslinde is a legal process that separates a specific portion of land within a parcel from all other portions within that same parcel. This segregated portion then becomes its own distinct parcel with a unique cadastral designation, which is guaranteed by a definite title. It's important to note that without a deslinde, recorded property rights cannot be established.
What do I need to start the Deslinde process?
After confirming that your property right is protected by an Annotated Certificate, you can carry out the Deslinde by hiring a professional surveyor to execute the technical stage of the process. Typically, your lawyer hires the surveyor if you work with one.
The deslinde process is divided into three phases: survey, judicial, and registration.
In the survey phase, a certified surveyor uses GPS coordinates to measure the property after providing notice to the owners of neighboring properties. The survey is then submitted to the Regional Survey Office for review. Upon approval, the office assigns the new parcel with a new cadastral designation, and the process proceeds to the next phase.
The judicial phase involves the deslinde being presented to the First Instance Land Court. Any interested third party, including neighbors, may object to the process and must be represented by an attorney. The judge then makes a ruling on the deslinde, and if it is approved, the Registrar of Titles is authorized to cancel the old provisional title and issue a new definite title with the new cadastral designation.
Finally, in the registration phase, the new definite title is registered with the property registry office, and the deslinde process is complete.