Law 108-05 on Real Estate Registration in the Dominican Republic organizes the property registration system around nine principles that determine how real property rights are created, transferred, and protected. Yoaldo Hernández Perera, a magistrate of the Superior Land Court, has analyzed these principles in detail as applied to the court's practice. For foreign buyers of pre-construction properties, these principles are not just theory: they are the rules that determine whether their purchase is legally valid, who has priority in a dispute, and why they cannot verify the title to their project simply by showing up at the window.
Why do registration principles matter to a pre-construction buyer?
The nine principles create the framework within which everything operates: what can be registered, when a right exists against third parties, and who wins if two people claim the same property. Understanding them allows you to grasp why independent verification is necessary and what specific information can be obtained from the registry before committing capital.
The nine principles
1. Constitutive registration
A real right to a property exists against third parties only when it is registered in the Land Registry. Before registration, the buyer has contractual rights but no real rights enforceable against third parties. For a pre-construction buyer, this means that throughout the construction period and until the individual title is issued, their right is not registered. If the developer sells the same unit to another person and that second sale is registered first, the second buyer may have priority.
2. Successive tract
Every act of disposition must originate from the person listed as the registered owner. A developer who does not have a registered title to the land cannot validly transfer rights to that land, even if they have physical possession. Before signing, verifying that the developer is the registered owner of the land is the first step in ensuring compliance with this principle.
3. Public faith in the registry
What is recorded in the land registry is presumed accurate and valid against third parties acting in good faith. This protects the buyer who checks the registry before proceeding: if they purchased based on an apparently clear title, they have registry protection. But this protection works both ways: what is recorded in the registry also binds them, even if they are unaware of it. Liens, mortgages, and registered attachments affect the buyer even if they haven't seen them.
4. Advertising
The registry is publicly accessible. Anyone can request information about a property's registration status. The practical restriction: access requires demonstrating a "legitimate interest," which in practice means that an individual buyer cannot simply walk in and request the complete history of a property that is not registered in their name. This limitation is the main reason why professional verification is necessary in this market.
5. Legality
The property registrar reviews each registration application before registering it. They don't automatically register what is submitted; they verify that the transaction meets the legal requirements. This control exists, but it doesn't replace independent verification by the buyer, because the registrar reviews the form of the transaction, not the veracity of the developer's statements regarding the project's status.
6. Rogation
The Registry of Titles only acts when a registration is requested. It does not act on its own initiative. If the developer does not request registration of the Condominium Regime, the registry does not do so automatically. This explains why individual titles of pre-construction buyers can remain pending for years without any action from the system: the system waits for someone to request it.
7. Priority
In the event of a conflict between incompatible rights, the one registered first takes precedence. "First in time, first in right" is the rule. For the pre-construction buyer, this underscores the risk of a long period without registration: if the developer accumulates creditors or sells the same unit to someone else during that time, priority may not be in their favor.
8. Specialty
Each registered right must refer to a specifically identified property. Vague rights over generic properties cannot be registered. For pre-construction buyers, specificity matters at the time of title issuance: their unit must be properly identified in the Condominium Regime with a number, exact area, and precise location within the building.
9. Registration legitimacy
The registered owner is presumed to have the right attributed to them in the registry. This presumption can be rebutted, but the burden of proof lies with the party challenging it. For the buyer, this means that when they receive their title certificate, that document presumes them to be the owner against any third party who does not have a prior registered right.
What these principles mean for their verification
Three of these principles have direct consequences on what you can and should check before each payment:
The public faith of the land registry and the publicity together mean that you have both the right and the obligation to check the status of the registry. If there is a lien and you didn't check it, the law presumes that you should have known about it. The requirement of a formal request means that if the developer doesn't act, your title doesn't advance automatically. And priority means that every month that passes without your purchase being registered is a month in which another creditor can take precedence over you.
A Title & Liens Check ($300) verifies the current status of the title to the base lot, mortgages, and recorded liens. To understand your rights at each stage of the process, see Pre-Construction Buyer Rights . For continuous monitoring of your project's status, use Project Pulse .
Find out the registration status of your project before you pay.
A Title & Liens Check ($300) verifies the current status of the title, mortgages, annotations, and liens recorded on the land. Delivered in 48 hours.
View verification services →Frequently Asked Questions
Can I access the Title Registry myself to check the status of my project?
In theory, yes, because the principle of transparency allows it. In practice, however, accessing the La Altagracia Land Registry requires demonstrating a legitimate interest and submitting the application in person with precise property details. Most foreign buyers do not have direct access to this information nor can they manage the process from abroad. Professional on-site verification is the most effective way to obtain this information.
What happens if the developer has the title but has registered mortgages?
Mortgages registered on land are real rights that have priority under the principle of priority. If the bank forecloses on the mortgage, the land may be subject to the foreclosure proceedings. The buyer's protection depends on whether the unit was expressly released from the mortgage by the lending bank before the sale, which is verified in the land registry.
Does the principle of request mean that I must ask the developer to register my purchase?
In the pre-construction phase, the responsibility for registering the Condominium Regime and managing individual titles lies with the developer. If they fail to do so, you can formally request it, and if they still do not comply, you can seek a court order. The principle of requesting the developer does not create this obligation; it arises from the contract. However, it explains why the system does not operate automatically.
Sources and References
- Ley 108-05 de Registro Inmobiliario, República Dominicana — texto completo de los principios registrales y su aplicación procesal
- Reglamento de los Tribunales Superiores de Tierras y de Jurisdicción Original de la Jurisdicción Inmobiliaria
- Hernández Perera, Yoaldo. "Los principios registrales en la Ley 108-05: tracto sucesivo, fe pública registral y publicidad." Gaceta Judicial, 2020 — análisis práctico de los principios registrales dominicanos y acceso restringido al Registro de Títulos. yoaldo.org
- Jurisdicción Inmobiliaria de la República Dominicana — procedimientos de registro y calificación registral