Elizabeth, NJ asked in Estate Planning and Real Estate Law for Puerto Rico

Q: When a 'Cambio de Dueños' is filed and there are more than one owners shouldn't the change reflect all parties involved?

The land in question was given to us with documentation; Escrituras, segregated and Registered at the Property Registry through a Notary (lawyer) one of my siblings recently filed for a 'Cambio de Dueño" I noticed on the Global Catastro that when they processed the change, they left the same cadaster #no, the(original) but it appears as if there is only one owner, the name of one sibling appears which I am concerned about because we are a family of three. Each of us holds title to a parcial of land. So, I'm not sure how can we correct this, my concern is that all of the property appears as if it belongs to one person and if someone wanted to sell or transfer it to someone other than ourselves, the rest of us would not appear on the listing of the property. I KNOW a segregation was done; there are records on file , an ARPE was done it shows the segregation and information of the land, please advise what can I do to make the necessary changes reflect all parties be involved. thank you!

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

A: I'm assuming the change in ownership to which you refer is with the Puerto Rico Municipal Income Collections Center ("CRIM", by its Spanish acronym). When more than two owners are involved (i.e., when a community property is filed with CRIM), there are two forms that should be used. (a) Form AS-52 identifies a change of ownership and provides for up to two co-owners. If more than two new owners are involved with a real estate, (b) Form AS-74 is used to identify co-owner # 3 and others. Regardless of filing thes two forms, if you check the digital cadaster over the Internet through https://catastro.crimpr.net/cdprpc/, you'll see only the first of the owners. That being said, if CRIM incorrectly reflects only one owner, the source documents should be presented to correct the matter and have CRIM register all of the co-owners for a specific real estate property.

Now then, if the property reflects the global cadaster, what may have happened is that the segregation filed with the property registry has not been filed with CRIM; in which case, the person who receives the remainder of the original real estate may incorrectly be seen in CRIM as the sole owner of the original property. Again, the source documents should be presented to correct the matter and have CRIM register all of the co-owners and assign individual cadaster numbers for the segregated real estate plots. I would advise as a first step to refer to the Property Registry, to validate that the segregation(s) was (were) filed.

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.