DOMINICAN REPUBLIC Trends and Developments Contributed by: John Seibel, Fernando P Henríquez, Adriana Paz, Francesca Molina and Gia Guerrero, Seibel Henríquez
A. Registry genesis and the “fast track” of individualisation The first step should always be to review the title record. The Land Registrar and the National Directo - rate of Cadastral Measurements are the pre-eminent governmental institutions that are integral to what is known as the Real Estate Jurisdiction ( Jurisdicción Inmobiliaria ). The first is the authority in the registra - tion of rights, and the accessory information that can affect a certain property, while the latter refers to a more technical side of the equation. • Certificates of legal status: Under the Torrens sys - tem, the Title itself is proof of ownership, but any transactions should be preceded by the request of issuance of a certificate of legal status. This official document contains valuable information additional to the official title, mainly on liens and encumbrances, judicial attachments (embargos), pending litigation, and restrictions on the transfer - ability of the property. It could help determine the nature of the ownership from a definitive title to a possessory right within a larger parcel that would require further technical assistance. It will also provide relevant information on ongoing disputes on the property such as inheritances, disputes over ownership boundaries, or any claim over real ownership. • Title history: Contains the tract of registered acts and rights that have affected a property, showing how ownership and encumbrances have evolved over time. This could help identify contingencies and potential claims resulting from past transac - tions or technical works performed on the property. • Cadastral: The review of the cadastral documents and processes certified within the National Direc - torate of Cadastral Measurements assures that co-ordinates and boundaries coincide with the actual on-the-ground findings. A certified cadastral map should be contrasted with on-site surveying to guarantee the accuracy of the ground-level assess - ment. B. Location benefits and limitations Once the title is validated, the focus shifts to the actu - al location of the property, and how this affects the investor’s ability to develop projects and the potential fiscal incentives that can maximise an investment.
• Municipal Land Use Plan: Law No 368-22 on Ter - ritorial Planning provides the blueprint for municipal land use permitting by establishing a Municipal Land Use Plan. The plan includes the designation of areas for development. It also provides guide - lines for local municipal offices of urban planning to establish zoning, density, heights, offset and related regulation. • Enabling incentives: Geography is the key to profit - ability. The analysis must confirm whether the property falls within the boundaries benefited by CONFOTUR (tourism poles) or the Border Develop - ment Law (Law 12-21), or can be subject to Duty Free Zoning (Law No 8-90), among others. Techni - cal due diligence ensures the project is within the exact limits of these zones to guarantee sizeable exemptions. • Co-ordinate overlay and protected areas: Sur - veys must be overlaid with the National System of Protected Areas (Law 202-04). An overlap here not only blocks plot regularisation but also could limit the ability to receive environmental permits required for development. The protected status also triggers the State’s right of first refusal or emi - nent domain. There may be management plans for protected areas that could benefit certain types of low-impact/density investments. C. Extrinsic risks and the importance of permanent due diligence The final phase of due diligence is not a closing event but an ongoing strategy for preserving asset value against external risk factors. • Protection of peaceful possession: There are no squatter rights enshrined in the legislation; thus, illegal occupation/possession will not garner prop - erty rights. Nonetheless, it has been a historically cumbersome process to evict third parties under these conditions. A thorough review of settlements or physical occupation must be carried out. How - ever, the new Criminal Code (Law No 550-14, as amended, effective from August 2026) establishes property invasion as a criminal offence that should act as an additional deterrent in these situations. • State asset audit: If the seller is the State (National Assets/ Bienes Nacionales ), the due diligence time - line must strictly include verification of Congres -
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