Title insurance is part of every major real estate transaction in the United States and Canada. For a one-time premium, an insurance company assumes the obligation to indemnify the real estate buyer in case title to the property is defective. In effect, the buyer relies on a policy of title insurance to guarantee that he or she will actually own the property to be purchased. In the event of a lawsuit disputing the title, the title insurance company will defend the buyer in court and if the lawsuit is lost will pay or cure all valid claims or losses up to the amount of the policy. Title insurance may be obtained during or after the purchase of real estate.
In the Dominican Republic, as in many Latin American and European countries, the government provides title insurance. The Land Registry Law establishes an indemnity fund with which to pay claimants who due, for example, to an error of the Registrar, are deprived of their property. Unfortunately, the indemnity fund never collected sufficient funds to become operative and property owners remain unprotected. Recently, however, two American title insurance companies have begun to offer their services to buyers of Dominican real estate: First American Title Insurance Company and Stewart Title. Among the risks covered are: title vested on another person; title defect, lien, charge, privilege, mortgage or encumbrance; forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation in the conveyance; lack of right of access to and from the property; easement or right of way on the title; invalidity of any document upon which the title is based because it was not properly executed, sealed, acknowledged, notarized, delivered or recorded; invalidity of any document upon which the title is based because it was executed under a falsified, expired or otherwise invalid power of attorney; erroneous or inadequate legal description of the land.En los Estados Unidos y Canada es común que el seguro de título (“title insurance”) sea parte de toda operación importante de compraventa inmobiliaria. A cambio del pago de una prima, la compañía de seguro se compromete a resarcir al comprador de cualquier pérdida ocasionada por una deficiencia en el título de propiedad. En efecto, el seguro de título le garantiza al comprador que el inmueble comprado es de su propiedad. En caso de pleito relacionado con el inmueble, la compañía de seguro asume la defensa del asegurado en los tribunales y, de tener resultado adverso, asume la responsabilidad de pagarle las pérdidas hasta el monto de la póliza.
En la República Dominicana, como en otros países latinoamericanos y europeos, el Estado es garante de la validez de los Certificados de Título que expide, estableciendo Fondos de Seguro que permiten, en teoría, indemnizar a aquéllos que, sin cometer negligencia alguna, se han visto despojados de su propiedad, por error en la ejecución de la Ley de Registro de Tierras. En República Dominicana, por desgracia, el Fondo de Seguro jamás ha recaudado los fondos necesarios para hacer efectiva esta protección legal. Para suplir esta deficiencia recientemente se han establecido en el país dos aseguradores privados que expiden pólizas de seguro o garantía de títulos: Stewart Title y American Title Insurance Company. Entre los riesgos cubiertos por estos aseguradores se encuentran: multiplicidad de propietarios, falsificación, fraude, incapacidad del vendedor, falta de acceso a la propiedad, nulidad de fondo o de forma del acto de venta y poderes nulos.Title insurance is part of every major real estate transaction in the United States and Canada. For a one-time premium, an insurance company assumes the obligation to indemnify the real estate buyer in case title to the property is defective. In effect, the buyer relies on a policy of title insurance to guarantee that he or she will actually own the property to be purchased. In the event of a lawsuit disputing the title, the title insurance company will defend the buyer in court and if the lawsuit is lost will pay or cure all valid claims or losses up to the amount of the policy. Title insurance may be obtained during or after the purchase of real estate.
In the Dominican Republic, as in many Latin American and European countries, the government provides title insurance. The Land Registry Law establishes an indemnity fund with which to pay claimants who due, for example, to an error of the Registrar, are deprived of their property. Unfortunately, the indemnity fund never collected sufficient funds to become operative and property owners remain unprotected. Recently, however, two American title insurance companies have begun to offer their services to buyers of Dominican real estate: First American Title Insurance Company and Stewart Title. Among the risks covered are: title vested on another person; title defect, lien, charge, privilege, mortgage or encumbrance; forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation in the conveyance; lack of right of access to and from the property; easement or right of way on the title; invalidity of any document upon which the title is based because it was not properly executed, sealed, acknowledged, notarized, delivered or recorded; invalidity of any document upon which the title is based because it was executed under a falsified, expired or otherwise invalid power of attorney; erroneous or inadequate legal description of the land.Title insurance is part of every major real estate transaction in the United States and Canada. For a one-time premium, an insurance company assumes the obligation to indemnify the real estate buyer in case title to the property is defective. In effect, the buyer relies on a policy of title insurance to guarantee that he or she will actually own the property to be purchased. In the event of a lawsuit disputing the title, the title insurance company will defend the buyer in court and if the lawsuit is lost will pay or cure all valid claims or losses up to the amount of the policy. Title insurance may be obtained during or after the purchase of real estate.
In the Dominican Republic, as in many Latin American and European countries, the government provides title insurance. The Land Registry Law establishes an indemnity fund with which to pay claimants who due, for example, to an error of the Registrar, are deprived of their property. Unfortunately, the indemnity fund never collected sufficient funds to become operative and property owners remain unprotected. Recently, however, two American title insurance companies have begun to offer their services to buyers of Dominican real estate: First American Title Insurance Company and Stewart Title. Among the risks covered are: title vested on another person; title defect, lien, charge, privilege, mortgage or encumbrance; forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation in the conveyance; lack of right of access to and from the property; easement or right of way on the title; invalidity of any document upon which the title is based because it was not properly executed, sealed, acknowledged, notarized, delivered or recorded; invalidity of any document upon which the title is based because it was executed under a falsified, expired or otherwise invalid power of attorney; erroneous or inadequate legal description of the land.Title insurance is part of every major real estate transaction in the United States and Canada. For a one-time premium, an insurance company assumes the obligation to indemnify the real estate buyer in case title to the property is defective. In effect, the buyer relies on a policy of title insurance to guarantee that he or she will actually own the property to be purchased. In the event of a lawsuit disputing the title, the title insurance company will defend the buyer in court and if the lawsuit is lost will pay or cure all valid claims or losses up to the amount of the policy. Title insurance may be obtained during or after the purchase of real estate.
In the Dominican Republic, as in many Latin American and European countries, the government provides title insurance. The Land Registry Law establishes an indemnity fund with which to pay claimants who due, for example, to an error of the Registrar, are deprived of their property. Unfortunately, the indemnity fund never collected sufficient funds to become operative and property owners remain unprotected. Recently, however, two American title insurance companies have begun to offer their services to buyers of Dominican real estate: First American Title Insurance Company and Stewart Title. Among the risks covered are: title vested on another person; title defect, lien, charge, privilege, mortgage or encumbrance; forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation in the conveyance; lack of right of access to and from the property; easement or right of way on the title; invalidity of any document upon which the title is based because it was not properly executed, sealed, acknowledged, notarized, delivered or recorded; invalidity of any document upon which the title is based because it was executed under a falsified, expired or otherwise invalid power of attorney; erroneous or inadequate legal description of the land.
by Fabio J. Guzmán Ariza