Fully-owned Real Estate in the Dominican Republic

In the Dominican Republic, real estate ownership is similar to what is found in North America and most of Europe. The title system in the DR is straightforward, with titles registered directly to the purchaser of any property, including both the land and building. In the case of a condo, titles are registered on the individual unit. Unlike many Caribbean countries and Mexico, there are no “bank trusts” or “leases” on properties, and the registered owner is the true owner of the property.

Title Insurance Guarantee

A title insurance is a contract that, for a one-time premium, protects the insured from defects, liens or encumbrances on a real estate title. This includes risks such as fraud, forgery or identity fraud, alteration or loss of title documentation, local planning issues and clerical and typographical errors affecting title.

In the Dominican Republic, real estate transactions were modernized with the Property Registry Law # 108-05, which went into effect on April 4, 2007. One of the requirements of this law is a “deslinde” for all real estate transactions. A deslinde is a legal procedure that separates a portion of land within a parcel from all other portions within the same parcel. This segregated portion becomes its own parcel with its own cadastral designation, and is guaranteed by a definite title. No recorded property rights are possible without a deslinde.

The deslinde process has three phases: the survey phase, the judicial phase, and the registration phase.

The survey phase involves a certified surveyor measuring the property using GPS coordinates, after giving notice to all owners of neighboring properties. The survey is then submitted to the Regional Survey Office for review. If approved, the Office provides the new parcel with a new cadastral designation, and the process continues to the second phase.

In the judicial phase, the deslinde goes to the First Instance Land Court, where neighbors or any interested third party may object. The parties must be represented by an attorney. The judge makes a ruling on the deslinde, and if approved, the Registrar of Titles is authorized to cancel the old provisional title and issue a new definite title with the new cadastral designation.