The Law on Registration real estate, property titles and their legal influence

In accordance with Article 91 of Law 108.05, ID numbers on the Register, a certificate is the official document issued and guaranteed by the Dominican State, which proves the existence of a property right and their ownership.

The certificate is a document essential because besides being a source of credit constitutes the basis and guarantee of property rights, was alone and as an official document authentic faith makes public its contents. It imposes before all courts in the court order in the country, for his feature "erga omnes", is an official act binding on all and hence the importance of obtaining it.

This document must be guarded as follows:

a. - The original certificate are guarded by the real estate jurisdiction,

b. - The original certificate should not be registering any registration or endorsements, except those expressly provided for him in law,

c. - To establish the legal status of the property, registration of title should ensure that all rights, charges and levies are included in a supplementary registration to the certificate of title,

d. - The duplicate certificate is a true copy of the original certificate and in the cases in question in co-ownership certificate is issued to each owner an extract,

e. - Regarding the legal status of the property and the validity of the duplicate, is credited by official certification issued by the registration of title and corresponding loss if the owner is required to submit a formal application pending before the registration or title together by an affidavit which it considers the publication in a newspaper of national circulation, as evidence of the loss or destruction of the document.

Article 95 of Law 108-05 refers to that part: "If there is any difference between the certificate and doubled prevails the original certificate." The legislation refers to "qualifying function", stressing that acts after the first record, can examine and classify its forms and other circumstances in the register of title, in accordance with the rules.

The registration of titles is only empowered to qualify aspects of form. As for the inscriptions and annotations referred to occur at the request of the interested party, with the requirement that must be the product of sanitation and must be supported by the level approved by the Directorate General Cadastre and measurable. In this case the registrar of title, for provision of the law, not proceed to register the transfer of any rights on the property in question, until it is proven that the registered owner of the right of the Dominican State has received the full amount such expropriation.

That is stated in paragraph 13 of article 8 of the Constitution, respect property rights and expropriation provides: "No one shall be deprived of it but for cause of public utility or social interest, upon payment of its fair value determined by judgment of the competent court ".

The Act also governs real estate register what is known as blocking registrar and the rectification of the register, referring to the conditional sale of real estate was registered supplementary to the certificate and adds that such registration generates a lock to search and prevent acts of disposal. The declaration of good family of a building falls within the supplementary registration of the certificate of title, creating a blockage that prevents registrar dispositions, charges and levies on the property.

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