Scottsdale, AZ asked in Estate Planning and Real Estate Law for Puerto Rico

Q: How would i sell land inherited via a will, in Puerto Rico when there are legal issues with the title?

My parents own 75% share of land in Rincon, PR. They now live in Virginia, and I live in Arizona. They have 3 separate legal issues with the land where people have built homes on my parents land many years ago. My parents have been paying property tax on the land but the 3 squatters have been living there for many years without acknowledging that my parents own the land. My parents are 83 and I am the executor of their will. How do i go about selling the land after my parents pass away? Someone has told me that someone with 25% share living in PR may get more rights than a 75% share stakeholder not living in Puerto Rico. This seems like a mess. Can i subdivide the property that is uncontested, sell that subdivided property, pay off the 25% stakeholder that lives in Puerto Rico and then distribute the rest to my parents heirs? I'm willing to give away rights to the land with the 3 houses to the 25% shareholder in Puerto Rico if there's too much of a legal hassle.

1 Lawyer Answer
Nelson Jose Francisco Alvarez-Aponte
  • Estate Planning Lawyer
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using Justia.

You mention squatters and this is a very important matter. If said squatters have lived on that property for more thirty years they can claim rights to said property and thus become the owners. It is urgent that you act now. A very good way to act is to file an unlawful detainer against the squatters. This will protect your property rights as title holders.

As for the subdividing the property, I would advise you to hold off on that until the squatters matter has been handled. This is priority one. Any other legal matter pertaining to the property can be handled by the same Attorney that does the squatters matter in a timely fashion thus saving you money and additional legal hassles.

If you need additional information please feel free to contact me directly.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.