Asked in Real Estate Law for Puerto Rico

Q: Neighbor build a new house on my mom’s property while she was away in the states. What can she do?

Hurricane Maria left my mother’s home unlivable. While she was away, waiting for the home to be repaired, the neighbor knocked down the fence and build his home on her property. Is there anything she can do?

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1 Lawyer Answer

A: Rule of Law in Puerto Rico grants your mother a 1-year term (starting at the time she becomes aware of the invasion) to request the courts to have her neighbor remove that part of the construction that invades her property. After the year, it would be presumed that the neighbor occupies the property with your mother's consent. The court's decision may go from ordering the neighbor to tear down that part of the construction that invades your mother's property, all the way through monetary compensation, depending upon the circumstances.

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