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Free Guide to Hiring a Real Estate Lawyer
Real estate due diligence in Salvaleón de Higüey is the process of verifying the legal, technical, tax, and regulatory status of a property before you sign or close a transaction. The Dominican Republic uses a Torrens-style title registration system governed by Law 108-05 on Real Estate Registration, which means rights are perfected by registration and the public records are determinative of ownership and encumbrances. Proper due diligence focuses on confirming clean title, accurate boundaries, lawful use, and the absence of legal or tax risks that could affect ownership or development plans. Higüey sits in La Altagracia Province, a fast-growing area near Punta Cana and Bávaro, where tourism-driven projects make thorough checks especially important.
Most transactions involve a preliminary promise to sell or option agreement, followed by a notarized sale deed and registration before the local Title Registry. Before paying deposits or closing, buyers should ensure the property has a valid Certificate of Title, a completed and approved boundary survey known as deslinde when required, and a clear encumbrance status from the Registry. Foreign buyers face no ownership restrictions, but all parties must comply with tax, anti-money laundering, and environmental rules.
A local real estate lawyer helps you identify and mitigate risks that are not obvious from a simple visit to the property or a review of a brochure. A lawyer can search title records, obtain official certifications, analyze surveys and boundaries, review condominium or homeowners association documents, and confirm whether the seller has full capacity to transfer the property. In Higüey, the prevalence of coastal and tourism-related developments means added layers of regulation, including environmental permits, coastal zone restrictions, and potential tourism incentives that must be examined carefully.
You may need a lawyer when the property lacks a recent deslinde, when the seller offers a constancia anotada rather than a modern Certificate of Title, when there are mortgages, liens, or pending lawsuits, when buying pre-construction units, when purchasing through a company or trust, when the seller is married or the property is inherited, or when the transaction must be structured to address taxes, escrow, and financing. A lawyer also ensures the sale deed is drafted and notarized properly, coordinates transfer tax payments, and completes registration with the Title Registry so you receive your new Certificate of Title.
Property title and registration are governed by Law 108-05 on Real Estate Registration and its regulations. The Jurisdicción Inmobiliaria includes the Tribunales de Tierras, the Direcciones Regionales de Mensuras Catastrales, and the Oficinas de Registro de Títulos. Ownership and charges exist by virtue of registration. A Certificate of Title is the definitive proof of ownership, and a Certification of Encumbrances from the Registry shows mortgages, liens, annotations, easements, and litigation affecting the parcel.
Deslinde is the approved cadastral survey and demarcation of the parcel. For most transfers, subdivisions, mortgages, and developments, a completed and registered deslinde is required. Properties held under a constancia anotada must normally undergo deslinde before transfer. Surveys must be performed and signed by a licensed agrimensor and approved by Mensuras Catastrales. Always verify the match between the title, the approved survey plan, and the physical property boundaries.
Encumbrances and annotations can include mortgages, vendor liens, judicial attachments, oppositions, servitudes, usufructs, and pending disputes. Your lawyer should obtain up-to-date certifications and check the status of any recorded charges, as well as confirm the absence of unregistered claims such as informal occupants or boundary conflicts.
Taxes and closing costs typically include the 3 percent real estate transfer tax known as ITBI, registration fees at the Title Registry, notary and legal fees, and any outstanding municipal or condominium dues. The annual real estate tax known as IPI may apply to individuals whose real estate portfolio exceeds a threshold that the tax authorities update periodically. Rates, thresholds, and exemptions can change, so you should confirm current figures with the tax authority before closing.
Anti-money laundering compliance under Law 155-17 requires identification of parties and verification of funds. Notaries, brokers, and lawyers must collect due diligence documents and may file reports. Expect to provide passports or IDs, taxpayer registration, and proof of funds.
Condominium properties are governed by the condominium law framework, which requires a master deed, bylaws, and a recorded condominium regime. Review the rules, budgets, reserve funds, maintenance obligations, and any restrictions on use or rentals. For pre-construction, verify the developer’s permits, the trust or escrow structure, and the construction timeline and guarantees.
Coastal and environmental rules apply strongly in La Altagracia. The maritime public domain includes a strip of coastline where private ownership and construction are restricted. Environmental Law 64-00 requires permits for land clearing and development. Verify that beach or river setbacks and protected areas are respected and that any required environmental licenses are in place.
Tourism incentives under Law 158-01 known as CONFOTUR can grant tax exemptions to qualified projects. Buyers should confirm whether a unit enjoys such benefits, the duration of any exemptions, and any conditions or resale implications.
Ownership by companies or trusts is common. Law 189-11 encourages real estate trusts known as fideicomisos. If buying from or into a trust, review the trust instrument, trustee powers, and registration of the property in the trust’s name. Corporate buyers or sellers should be in good standing with up-to-date filings and tax compliance.
You should review the Certificate of Title, the approved survey plan and evidence of deslinde, a current Certification of Encumbrances from the Title Registry, the seller’s ID and marital status documents, tax payment receipts and municipal dues, utilities and condo fee status if applicable, environmental or construction permits if relevant, and a draft of the promise to sell or option agreement. If buying a condo, review the master deed, bylaws, budgets, and rules.
Deslinde is the approved cadastral survey that defines the legal boundaries of the parcel and links the land to its title registration. Without an approved deslinde, many transactions cannot be completed or recorded. A recent and registered deslinde helps prevent boundary disputes and ensures that the parcel you are buying is the one that will appear on your Certificate of Title.
Yes. Foreigners can buy and hold property in the Dominican Republic without special permits. All documents for registration must be in Spanish, and parties commonly obtain a Dominican taxpayer number for tax filings. You must also comply with anti-money laundering requirements and pay the applicable transfer tax and fees.
For a resale property with a clean title and recent deslinde, legal due diligence can take one to three weeks, with closing and registration often completed within four to eight weeks depending on Registry workload. If a deslinde or permits are pending, or if a mortgage release or court clearance is required, the process can take longer.
Expect the 3 percent real estate transfer tax known as ITBI calculated on the higher of the purchase price or the tax valuation, plus Title Registry fees, notary and legal fees, and any escrow charges. After closing, the annual real estate tax IPI may apply if your holdings exceed the threshold set each year by the tax authority. Rates and thresholds change, so confirm current figures before closing.
Confirm that the land title is clean, the condo regime is recorded, bylaws are registered, building permits and environmental licenses are issued, and common areas are properly defined. Review budgets, reserve funds, maintenance history, insurance, and any pending claims against the developer or association. For pre-construction, verify the trust or escrow structure, milestones, and guarantees for buyer deposits.
Your lawyer should coordinate the payoff or release with the lender or creditor and obtain a cancellation instrument suitable for registration. The sale deed should condition closing or disbursement on the simultaneous release of liens. Never close without a clear plan and documents to cancel all recorded encumbrances that are not being assumed.
Title insurance is available through certain providers, but it is not as common as in some other jurisdictions because the Dominican system is registration-based. Many buyers rely on a thorough legal title search and official certifications. Whether to obtain title insurance depends on your risk tolerance and the complexity of the property’s history.
Yes. Properties near the coast, rivers, or protected areas require careful review of setbacks, the maritime public domain, and applicable environmental regulations. Many developments need environmental permits. A technical and legal review helps you avoid building restrictions and future enforcement actions.
The transfer tax should be filed and paid within the statutory period counted from the sale deed, after which the sale is presented to the Title Registry for registration. Late filings accrue penalties and interest. Your lawyer or notary typically prepares and files the tax forms, pays the tax, and completes the registration so the new Certificate of Title is issued in your name.
Oficina de Registro de Títulos de la Jurisdicción de Higüey for title registrations, certificates of title, and encumbrance certifications.
Dirección Regional de Mensuras Catastrales Este for survey approvals, parcel plans, and deslinde matters.
Tribunales de Tierras in the Eastern Region for land court proceedings and disputes.
Dirección General de Impuestos Internos known as DGII for real estate transfer tax, IPI, and taxpayer registration.
Ayuntamiento de Salvaleón de Higüey for zoning, land use, and municipal permits and dues.
Ministerio de Medio Ambiente y Recursos Naturales for environmental licenses and compliance.
Ministerio de Turismo and Consejo de Fomento Turístico known as CONFOTUR for tourism incentives and project certifications.
Colegio de Abogados de la República Dominicana and local bar associations for lawyer referrals and professional guidance.
Instituto de Tasadores Dominicanos for independent property valuations when needed.
Start by engaging a real estate lawyer based in La Altagracia who routinely works with the Title Registry and Survey Office serving Higüey. Share the property location, a copy of the Certificate of Title, and any survey plans. Ask your lawyer to obtain official certifications, confirm deslinde status, review taxes and encumbrances, and inspect condominium or development documents if applicable.
Use a written promise to sell or option agreement that clearly sets out price, payment schedule, escrow mechanics, contingencies for clean title and permits, and deadlines. Place deposits only in a trusted escrow or attorney trust account tied to due diligence milestones. Coordinate any mortgage payoff or lien releases so cancellation documents are ready at closing.
Before signing the notarized sale deed, confirm the transfer tax estimate, gather identification and taxpayer numbers, and ensure any required translations are arranged. After execution, make sure the transfer tax is paid within the legal timeframe and the sale is presented to the Title Registry for registration. Keep copies of all filings and request updates until your new Certificate of Title is issued.
This guide provides general information and is not a substitute for personalized legal advice. Local facts and regulations can change, and each property presents unique issues. Consult a qualified Dominican real estate attorney before making commitments or payments.
