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Property Survey and CATASTRO

Saturday, 26 March 2011 10:10 Nicaragua-Realty.com
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Topographic Data and its importance.

Nicaragua's property title document registration system is rather unique in the sense that it is not controlled and managed in one single location and government department.

Several institutions have to provide documents in order to accomplish a successful registration. Here we will concern ourself with CATASTRO, the office ensuring that each property receiving a Catastral Certificate is in fact where it supposed to be and does not overlap other registered properties.

Think of each of the Departments of Nicaragua representing a large puzzle in which each property represents a game-piece. If just one property does not represent a perfect match to the neighboring properties a conflict arises and the potential for legal action between the property owners arises.

The current method used by the CATASTRO offices has not changed since its inception. This is basically a a manual process by which the employees of CATASTRO ensure that the coordinates of each property do not conflict with the coordinates of another property. Since this is a manual process it is potentially subject to human error.

The Nicaraguan government has initiated the process of computerizing the catastral registration and data storage process, but this will take many more years to be completed.

We have encountered several cases where the buyer of property received a CATASTRAL Certificate and later found discrepancies in the amount of area.

Some of the errors we encountered:

  • The points marking the property boundary on the plot plan are correct but the total area calculated is incorrect. (This is the most common problem.)
  • The geographic location description of the property is incorrect and therefore put the property or part thereof in an incorrect location. This could be very minor but eventually become an issue.)
  • The actual shape oi the property does not match the data of the plot plan. (There could be a various reasons for this.)
In the past problems with plot plans were mostly confined to larger and rural properties. However, recently we frequently also encounter them in subdivisions and urban properties in various departments of Nicaragua.
Last Updated on Saturday, 26 March 2011 15:31 Read more...
 

Topographic Services

Saturday, 26 March 2011 07:37 Nicaragua-Realty.com
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Topographical services by our in-house topographer:


Package A:
  • Checking of existing plot plans for accuracy of calculations of total Area based on the data provided in your Escritura and plot plan.
  • Checking of existing plot plans for accuracy of calculations of distance between points based on the data provided in your Escritura and plot plan.
  • Checking of existing plot plans for accuracy of calculations of Azimuth based on the data provided in your Escritura and plot plan.
  • We provide you with a complete data fie of all survey data and calculations pertaining to your property.
Package B:
  • Physical on site resurveying of your property.
  • Checking of existing plot plans for accuracy of calculations of total Area based on the data provided in your Escritura and original plot plan.
  • Checking of existing plot plans for accuracy of calculations of distance between points based on the data provided in your Escritura and original plot plan.
  • Checking of existing plot plans for accuracy of calculations of Azimuth based on the data provided in your Escritura and against the newly produced plot plan.
  • We provide you with a complete data fie of all survey data and calculations pertaining to your property.
  • You receive a new plot plan suitable for corrections at CADASTRO.
Package C:
  • Package B
  • Application to CADASTRO for correction of cadastral records.
  • Attend the property with CADASTRO staff for purposes of confirming measurements.
  • Application to the civil court to obtain a judgement confirming the the new measurements and property data.
  • Legal representation before the court during the judges hearings.
  • Registration of the judgement confirming the property cadastral data.
We also perform all surveys of individual property and development property. Please inquire.

 

Last Updated on Saturday, 26 March 2011 10:10
 

Property Document Rehabilitation

Wednesday, 20 October 2010 21:01 administrator
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Often Property Title documents are of such poor legal quality, they are almost useless. If your title documents fall into that category, there is a good chance we can repair the problem.

This process requires time, patience and know-how. But in the end you should end up with a solid merchantable property title.

  1. The client delivers all documents all documents in his possession relating to the property to our office.
  2. We make a set of photocopies. Notarize them as being unaltered copies of the original and give the copies to the client. This is a backup set just in case....
  3. We evaluate the documents and determine what, if any, documents are missing.
  4. We obtain the missing documents. (Usually the Historia Registral and the Letter of No Objection)
  5. Once we have a Historia Registral which includes the sale to the last owner, we can go to work and find out if anything was amiss with any of the past sales and transfers of the property.
  6. We will ensure the Escritura conforms to the Law and all required information is included and properly documented.
  7. All documents provided to us will be checked for authenticity and we make sure the information provided within is accurate.
  8. We make sure that municipal taxes are current.

What happens if we find omissions, errors or some documents are missing altogether?

  1. Whenever we discover irregularities within property documents we submit a report to the client. We also explain in detail how the problem can be corrected. It is then up to the client to make the decision to proceed or to keep the documents as they are.
  2. If we discover mistakes or omissions in the Escritura, we can usually correct them with a second Escritura. The second Escritura refers to the first and incorrect one and clarifies and corrects an mistakes found. This correcting Escritura will also be registered and will be referenced to the original and incorrect Escritura.
  3. After registering the corrections, we request a new Historia Registral which includes the new correcting escritura.
  4. If a Historia Registral includes any inconsistencies, we usually try to find out what happened and where the mistake was made. If the error was committed at the Registry office, we ask for a clarification in writing from the Registrar.
  5. All other documents from involved can easily be corrected if they contain errors.

After we finish with the rehabilitation, you should end up with a solid and legal title.

I should explain that some of this involves intricate legal work and requires an eye for detail. Our legal department is experienced and we work with some of the foremost property lawyers in the country if we need specialized advice.

Please contact us if you wish to have your title documents examined to ensure they are in order.

Please contact us if you wish to use this article on your website.
© 2010 Nicaragua-Realty.com
Last Updated on Wednesday, 20 October 2010 22:16
 

Sellers Agents Services

Wednesday, 20 October 2010 20:29 administrator
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Sellers Agents generally represent the Sell er of a property in case the Seller is unable to attend the closing of a sale.

A good Sellers Agent will protect the interest of the Seller throughout the entire closing process, often becoming involved even before the signing of the Buy - Sell Agreement.

He will ensure the Buy - Sell Agreement is in accordance with the agreed upon terms of the sale.

Throughout the closing process, the Sellers Agent will check each document before signature.

Often the Sellers Agent will ensure the applicable taxes are paid by the seller and submit the receipt in order to ensure the Buyer or his agent that the taxes are paid according to law.

Please contact us if you wish to use this article on your website.
© 2010 Nicaragua-Realty.com
Last Updated on Wednesday, 20 October 2010 20:31
 



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