The new Property Registry Law (Law #108-05) that has been in effect since April 4, 2007, and its enabling regulations. One essential element of this modernization has been the requirement of a "deslinde" for all real estate transactions: purchases, sales, mortgages, condominium formation, etc.
A "deslinde" ("segregation" in English) is the legal procedure by which a portion of land within a parcel is segregated from all the other portions within the same parcel. In other words, the deslinde procedure converts a provisional title that guarantees the property right of ownership for a portion of land within a bigger parcel into a definite title that guarantees the ownership of an individual parcel. The result of the procedure is that the segregated portion will become its own parcel with its individual cadastral designation, guaranteed by a definite title. The majority of jurisdictions around the world only recognize and register segregated portions of land and do not allow any transactions of portions of land that are not segregated. The purpose of the new Property Registry Law is to reach exactly the same level of sophistication and security as these modern jurisdictions have had for a long time: no recorded property rights without a deslinde.
The deslinde requirement introduces such a profound change to the Dominican land registry system that the law establishes a transitional period – from April 4, 2007 until April 4, 2009– during which real estate transactions of properties without a "deslinde" are still possible, although severely restricted. Beginning April 4, 2009, however, real estate transactions without a deslinde will be prohibited. This means that from that date forward, the Registrar of Titles will not record any real estate transaction of a property without a "deslinde".
West Indies Real Estate will take new regulations into account when working with buyers and sellers. If you have any concerns regarding this please contact us or see www.westindies-realestate.com/buyers-lawyers.cfm for a list of lawyers who can help with the process if you are selling property.