Constituting a Dominican Condominium Regime

From One Building to Many Owners: Constituting the Condominium Regime in the Dominican Republic Every apartment sold in the Dominican Republic exists twice: once as concrete, and once as a legal object created by paperwork most buyers never read. A building is, by default, a single property with a single title. What converts it into […]

Consolidation of Dominican Constancias Anotadas

Gathering the Pieces of a Parcel: The Consolidation of Constancias Anotadas A great deal of Dominican land is owned in fractions of somebody else’s parcel. The constancia anotada, the document evidencing rights over an undetermined portion of a parcel, without its own individualized survey, is the legacy of decades of informal subdivision: parents distributing land […]

Dominican Assignment of Credit Registration

Buying the Loan, Not the Property: Registering an Assignment of Credit in the Dominican Republic There is a second market beneath the Dominican property market: the market for the debts secured by it. Banks sell loan portfolios, investors buy distressed credits at a discount, private lenders exit positions, and estates liquidate the mortgage credits a […]

Losing the Title Duplicate in the Dominican Republic

“I Lost My Title”, What Losing the Title Duplicate Means in the Dominican Republic, and What to Do Today It is one of the most frequent calls a Dominican real estate lawyer receives, and it always carries the same undertone of panic: the title is gone. Lost in a move, destroyed in a flood, missing […]

Constituting a Right of Use Over Dominican Property

A Roof Guaranteed by Law: Constituting a Right of Use Over Dominican Property Between letting someone live in your property informally and giving them a full usufruct lies a figure Dominican practice underuses: the right of use (derecho de uso). Drawn from the Civil Code, it grants its holder the right to use another’s property, […]

Real Estate Foreclosure in the Dominican Republic

The Long Road: The Ordinary Real Estate Foreclosure in the Dominican Republic Every legal system has a default, and in Dominican real estate execution the default is the ordinary foreclosure of the Civil Procedure Code: the full-dress procedure, inherited from the French tradition, through which a creditor armed with an enforceable title seizes, advertises and […]

Modification of Dominican Condominium Regime

Amending the Building’s Constitution: The Modification of the Condominium Regime A condominium’s founding documents are drafted at a moment, and buildings outlive moments. The developer’s master plan adds a phase the original declaration never described; owners want to convert a commercial ground floor to residential use, or the reverse; common areas are reconfigured, units merged […]

Registering Dominican Real Estate Improvements

The House on Someone Else’s Land: Registering Improvements in Favor of a Third Party Walk through any Dominican town and you will see the legal situation this procedure exists for: the house a son built on his mother’s parcel, the second floor a sister added over the family home, the business a nephew raised on […]

Conditional Sale of Dominican Real Estate

Ownership on Layaway: The Conditional Sale of Dominican Real Estate Dominican law offers installment sellers two philosophies of protection. The firstcovers the transfer ownership now and secure the unpaid price with a privilege or mortgage, the buyer owns, the seller holds security. The second inverts the architecture entirely: the conditional sale (venta condicional de inmuebles), […]

Dominican Real Estate Property Exchange

Trading Properties: The Permuta and Its Double Life at the Title Registry Before money, there was this. The permuta, the exchange of one property for another, is commerce’s original transaction, and it survives in Dominican practice because certain situations still solve better in kind than in cash: the developer trading finished units to a landowner […]