Surveying or land surveying is the technique and science of accurately determining the terrestrial or three-dimensional position of points and the distances and angles between them.
It involves the re-establishment of cadastral surveys and land boundaries based on documents of record and historical evidence, as well as certifying surveys (as required by statute or local ordinance) of subdivision plats/maps, registered land surveys, judicial surveys, and space delineation.
Dominican Republic Land laws
As of April 4, 2007 a new Property Registry Law (Law #108-05) has been in effect. Its enabling regulations, have drastically changed Dominican Real Estate law. 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” were still possible, although severely restricted. As of 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”.
Although this itself is a small revolution, in the past most property transactions took place without a deslinde, the modernization of the Dominican Property Registry Law goes much further. The procedure itself has been significantly modified. Under the new law, the surveyor has to use G.P.S. coordinates to segregate the property. In addition, it is now mandatory that the deslinde go through a judicial phase at the First Instance Land Court, requiring assistance by an attorney, as opposed to the old system, when the vast majority of the deslindes were handled administratively without contradiction, giving rise to widespread fraud.