Regulatory Updates in Real Estate Matters

It is undeniable to establish that our country has achieved evident development in the real estate sector, promoting legal security for our investors. With the adoption of the Australian system known as the “Torrens System” through Executive Order Number 511 of the year 1920, until the enactment of Law Number 1542, dated October 11, 1947, called the Land Registry Law, we have maintained this system as the foundation of our real estate law. Finally, the Real Estate Registration Law Number 108-05, dated March 23, 2005, was enacted to update this right in line with our times.

However, in light of the challenges that have arisen during the nearly sixteen (16) years since the enactment of Law Number 108-05 and its implementing regulations, it justified the need for new regulations, including the General Regulations of the Courts of the Real Estate Jurisdiction, the General Regulations of Title Registration, the General Regulations of Cadastral Surveys, and the Regulations for Land Regularization and Boundary Delineation.

These regulations aim, as described in their considerations, to constitute, along with their respective laws, a unified, coherent, and systematic legal framework that aligns with the use of new information technologies, ensuring efficient access to services and guaranteeing legal security and rights as recognized in our Constitution and current laws.

Among these, the General Regulations of the Courts of the Real Estate Jurisdiction came into effect in May 2023, while the others will enter into full force in November of this year.

The General Regulations of the Courts of the Real Estate Jurisdiction introduce several novelties and criteria regarding the removal of annotations in Title Certificates due to registered rights disputes. They introduce new concepts from common law, such as the defect of the parties and a pure and simple discharge of the claim. They also incorporate concepts related to the sanitation processes concerning publicity measures and the rights of neighboring properties, among others.

Furthermore, in the partition processes of registered properties, the regulations establish forms of partition in kind and in cash, in accordance with the provisions of our Civil Code and Civil Procedure Code. Another noteworthy aspect included in these regulations relates to the restitution of rights through litigation or specific claims. They introduce specific provisions regarding criminal justice in real estate, highlighting offenses that affect public order. Additionally, the regulations introduce conciliation and mediation as alternative methods for dispute resolution, aiming to alleviate the workload of our courts, except for matters concerning public order, such as sanitation and revision due to fraud (Article 229).

Regarding the General Regulations of Title Registration, which aim to regulate the functioning of the National Title Registry and the Title Registries, as well as the procedures and forms for registering and publicizing real estate rights in accordance with Law Number 108-05 (Article 2), they introduce important novelties. These include the standardization of services and procedures among different Title Registries to improve efficiency while maintaining territorial competence. The regulations also outline grounds for inhibition of Title Registrars in their qualifying function, to be reviewed by the supervisory authority within a maximum period of three (3) days.

The regulations also reduce the response time for Title Registrars from forty-five (45) days to thirty (30) days and extend the timeframe for process corrections, now set at fifteen (15) days, to be increased to thirty (30) days. Reconstruction processes are reduced to fifteen (15) days. Timeframes will now be calculated in business days, excluding Saturdays, Sundays, and holidays. They may be suspended in cases of force majeure, and for clear timeframes, the starting and ending days are excluded.

Furthermore, all Title Registries throughout the country are required to adhere to standardized criteria described in the regulations to avoid personalized judgments or actions based on individual or conflicting interests contrary to public order. The qualifying function of each Title Registrar must be comprehensive, mandatory, indelible, and impartial. They may partially accept processes or operations, meaning they can qualify one aspect and reject others through written communication, but without contradicting the same matter.

Other significant novelties reinforce the measures for registry publicity, taking into account the limitations that may arise from laws and regulations related to the protection of personal data (Article 143), regulated by the National Title Registry Directorate. The installation of a registry alert is mentioned, whereby property owners will be informed when their property receives a request. The technical regulations also address the possibility of subjecting a right protected by annotated records to a boundary delineation process or regularization through administrative means. This aims to individualize plot portions according to the conditions established in the regulations, with a more expedited process and to prevent unnecessary litigation, where applicable.

In this regard, these important novelties and advancements in real estate law guarantee that the services provided by the Title Registries, Cadastral Directorates, and Land Courts will generate greater investment due to the confidence in their efficient, precise, simplified, and agile results. These advancements are achieved through the use of advanced technology and secure systems, without obstacles or conflicts arising from poor administration of justice. Thus, we can ensure that this consolidation of secure, innovative, and updated processes constitutes, as indicated at the beginning, an evident achievement that contributes to the development of our country.

By: Licda. Laura D. Polanco Coste Member of the Legal Committee of CCIFD Dispute Resolution Partner/Alburquerque Abogados. June 2023 lpolanco@alburquerque.com.do

Cited laws:

1. Executive Order Number 511, dated July 1, 1920 (G.O. No. 3138).
2. Resolution Number 787-2022, issued on October 27, 2022, by the Full Supreme Court of Justice, establishing the General Regulations of the Real Estate Jurisdiction Courts.
3. Resolution Number 788-2022, issued on October 27, 2022, by the Full Supreme Court of Justice, establishing the General Regulations of Title Registration.
4. Resolution Number 789-2022, issued on October 27, 2022, by the Full Supreme Court of Justice, establishing the General Regulations of Cadastral Surveys.
5. Resolution Number 790-2022, issued on October 27, 2022, by the Full Supreme Court of Justice, instituting the Regulations for Land Regularization and Boundary Delineation.