Jersey City, NJ asked in Real Estate Law for Puerto Rico

Q: prior to my father passing he separated land between myself and my siblings .it does not appear listed in the CRIM, what

The catastrophe no# appears to be the same for all the property; it was my father’s #no. how can we verify each part and what do I need to do next. I tried to find it online; I found a listing for a portion of the land. When I contacted the office of the CRIM they were unable to find anything in our name. I completed a ‘Declaration de Herrederos’ when I father passed in 2007. I thought everything had been done with his lawyer. Do I need to register the property in my name? What steps do I need to secure our property, and how do I proceed. Is there a way to verify what my father did and where can I find this information. I was given the documents for the property but there appears to be only one number for all of us. My siblings want to sell their shares. Should I contact the Registro Demografico, or what offices do I need to contact.

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1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
  • San Juan, PR
  • Licensed in Puerto Rico

A: If the cadaster number is the same, it probably means that, at most, the land may have been lotified (i.e., outlined lots) but has not been segregated. Assuming that your late father was the sole owner of the land (was he single at the time of his death?), and assuming that you have a declaration of heirs resolution from the Puerto Rico courts, the next steps would be to (a) procure a zero-debt certificate from CRIM and submit your dad's estate tax filing with the Puerto Rico Treasury Department (Hacienda). Once Hacienda issues a tax waiver, THEN, through an attorney, you file a certified copy of the court resolution and the Hacienda tax waiver with the Puerto Rico Property Registry, as well as submit a request to change ownership to the land as a community property belonging to you and your siblings.

Once the entire land is in you and your siblings' name, then you can proceed to subscribe an estate allocation, segregation, and partitioning deed and you and your siblings can finally assume ownership for the lots that your late dad had distributed among you. Mind you, the segregation will require a plot plan ("plano de mensura"), a sworn measurement certification ("certificacion de mensura") and an approval resolution by the Puerto Rico Office of General Permits ("OGPe", by its Spanish acronym) as prerequisites to segregating the land.

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