(Originally published at eldia.com.do/consulta-inmobiliaria on March 15, 2011)
Both boundary demarcation and parcel regularization allow portions supported by annotated certificates to be properly located, defined and individualized. Both procedures satisfy the principle of specificity applicable to registered property. The main difference is that boundary demarcation is an adversarial proceeding before the territorially competent Land Court of Original Jurisdiction, while parcel regularization is handled administratively.
Boundary demarcation is a judicial process with technical, judicial and registry stages. The technical stage begins before the appropriate Regional Directorate of Cadastral Surveys through a parcel survey. Once the survey is approved, the contentious judicial stage verifies that possession is consistent with the registered right and allows adjoining owners and interested parties to submit claims. This review leads to the judgment approving the demarcation. In the registry stage, the rights affecting the parcel are recorded and the title certificate and corresponding supplementary registry are issued based on the judgment.
Parcel regularization is an administrative procedure in which all holders of annotated certificates within a parcel jointly locate, define and individualize one or more of their portions. It also begins with a parcel survey before the appropriate Regional Directorate of Cadastral Surveys. Once approved, the technical file is sent directly to the competent Title Registry. This procedure is available only when every current holder within the parcel voluntarily agrees or raises no objection.
Parcel regularization is faster than boundary demarcation and is advisable when the consent of all holders can realistically be obtained, typically where there are no conflicts among co-owners and the parcel does not contain a very large or complex set of annotated certificates.