Newark, NJ asked in Real Estate Law for Puerto Rico

Q: How can I check and find out if the land was ‘lotified’ or was segregation done ? What is the difference between the two

Prior years before my father passed he had filed with the court an Escritura leaving us assigned portions of his land. I filled through an attorney the Declaration of Heirs.. I have several documents that were submitted to the courts; I’m Not sure if everything was completed. I have a cancellation de Gravaman? Not sure what this means; it is stamped by the Registro de la Propiedad de Puerto Rico. there I also is a ‘‘Certificate of cancellation de Gravamen Contributivo ‘ and ‘Instancia Sobre Herencia Intestada’ that were filed as a ‘’Sucesion’ in my father’s name. Which names all of us. and includes the Resolution. I previously was able to locate some information on the CRIM showing a portion of the land, but it seems Not all of it appears registered. Really trying to get clarification on how to rectify this. The lawyer handed me the paperwork and didn’t give me any further instructions. I would really like to verify if what steps I should take next.

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

A: You need to start with the land plot from whence the other lands were segregated. When plots are segregated from a source land plot, the Registrar annotates the new plot ("finca") numbers as entries to its historical tract. When a land plot is lotified, but not yet segregated, a plot plan ("plano de mensura") and a measurement certification ("certificación de mensura") are prepared by a licensed engineer, filed with the Puerto Rico Property Registry, and also annotated to the margin of the source land plot.

Now then, "lots" are planned subdivisions of an existing plot ("finca") which appear on a plot plan. but have not yet been segregated as independent land plots in their own right. As far as the Property Registry and the government are concerned, the lots are still part of the source land plot. For a segregation to be legitimate, besides the plot plan and measurement certification ("plano y certificación de mensura"), these documents must be filed with the Office of General Permits ("OGPe", by its Spanish acronym), who'll issue a Permit Resolution. With these documents filed, one or more segregation deed(s) are subscribed by the owner(s) of the source land plot. If you and your siblings appear in the Property Registry as the legitimate owners of the source plot, you must all subscribe the segregation deed; a certified copy of which, must be filed with the Property Registry so that they may assigne a "finca" number to each newly independent plot.

Regarding CRIM, this is the government arm that addresses property taxes. The same documents that you submitted to the Property Registry must also be presented at CRIM, along with a request to file a change of ownership and a request to file a community property (for you and your siblings).

1 user found this answer helpful

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.