1. WHAT IS THE DEMARCATION?
In common terms, the Doctrine has established that with the demarcation what is sought is: the marking or determination of the boundaries of the adjoining properties. The demarcation is, therefore, an act of plot survey carried out to constitute the status of a certain part of a registered land and supported by an Annotated Certificate so that its owner can separate his property from the rest of the original plot.
This means that when a person has an Annotated Certificate of his real estate property, the demarcation of said property allows him to locate it and individualize it from the other lands of the parcel in which said property is located by obtaining a Certificate of Title Duplicate of the Owner. .
2. CERTIFICATE OF TITLE IN ACCORDANCE WITH LAW 108-05
This is important because the same Law 108-05, of Real Estate Registry, makes it clear that the Owner's Duplicate Certificate of Title generates greater confidence in real estate operations, when it states in its Article 91 that:
The Title Certificate is the official document issued and guaranteed by the Dominican State, which proves the existence of a real right and ownership over it.
The Doctrine has also affirmed without any type of controversy that with the demarcation the realization of the Principle of Specialty is achieved. It is necessary to establish that Law 108-05, of Real Estate Registry, in the norm contained in Article 130, considers the demarcation as a cadastral operation that includes a contradictory judicial process and empowers, to hear it, the Land Court of the Original Jurisdiction. .
3. THE ADMINISTRATIVE DEMARCATION
However, it is also necessary to indicate that said norm has been implicitly modified by the latest Supplementary Regulation of the aforementioned Law 108-05, which regulates the demarcation, making it a process that can be carried out administratively. But there is also the possibility that it will become litigious.
The Doctrine Víctor Santana Polanco, when dealing with demarcation, in his work entitled Doctrinal Vocabulary in Land Matters` , states that: It is an operation similar to subdivision, but it differs from it in the sense that for demarcation, fractionation is partial, while for subdivisions it is total.
4. FINANCIAL INTERMEDIATION ENTITIES NORMALLY DO NOT LEND IF THE LAND DOES NOT HAVE ITS DEMARCATION
Finally, it is important to point out that in the economic field, financial intermediation entities do not carry out any type of loan operation, granting of guarantees or of any other type with land that has Annotated Records. This entails then that on said lands the owner has to make a demarcation to obtain the Certificate of Duplicate Title of the Owner of his property.
In this same order of ideas, many real estate sales are not achieved because the owners of the properties have not made the demarcation of the same when they intend to sell it and the buyers do not feel confident in buying them with simple Annotated Proofs because there is the possibility that the demarcation process becomes litigious and you have to incur expenses for the litigation or in the worst case until you lose part of the property or all of it, after buying it.
