Miami, FL asked in Real Estate Law and Land Use & Zoning for Puerto Rico

Q: Greetings, I am unclear as to Adverse Possession, not asking about squatters, laws in Puerto Rico.

Adverse possession (not squatting) in regards to real estate, as I understand it, is when someone has taken over part of your property and is actively using it with your knowledge and you, the legal owner of said property has done nothing to remove the person from your property. After a set amount of time, in Oregon it’s 10yrs, the person actively using your property can legally assume ownership of the property being used.

What are the laws in Puerto Rico? If someone is using part of my property to plant or for their horses and they have been maintaining the property and I do nothing what happens?

Please clarify and thank you.

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

A: Hello and thank you for using Justia. This does form part of squatter's rights known as "Usucapion". In order to become the new owner, the party that is using your property must do it in a peacefull manner, act as if he is the owner infront of the públics eye, do acts of ownership and in your case use said property for a minimum of thirty years. After thirty years said party can petition a Court to process a Domain Record and thus become the legal owner of said land. A simple certified letter from you to the party who is using your property stating that you are the legal owner and claiming your rights as such owner is enough to interrupt the term of thirty years and protect you from loss of land.

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

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