Q: What does this statement signify in laments term on a donation document being drafted for my father who is still alive?
"clarify that they acquire a participation equivalent to _percent in the property described above, in such a way that, from now on, they are all owners of it in community of property. It is noted that all those appearing parties in this act have been warned about the legal effects of the community of assets, specifically that who acquires an abstract quota or portion of a property that acquires it jointly and pro indiviso as a commoner, because it is not a specific defined quota or portion. They have also been warned that the acquirers of this portion or abstract or indefinite quota may not segregate, notify, mark or in any way identify their participation in said land without permission from the Planning Board, the Regulations and Permits Administration and/or or corresponding agency. Likewise, they have been warned that the participation acquired by the donees are abstract and indefinite, that any arrangement, agreement or pact to segregate, notify, mark or in any way identify will"
A:
In layman's terms, what the paragraph means is that all of the owners each has a participation of a specific percentage over the entire real estate property, but none has specific ownership. For example, if the property is a house, no one owns the kitchen or the bathroom, etc. A subsequent community liquidation deed would need to be signed by all of the owners, agreeing to a specific distribution of part of the real estate to each owner. This type of deed also segregates the property in individual lots, which takes us to the latter part of the paragraph.
In order to segregate the property, a licensed engineer must first prepare a plot plan and measurement certification identifying the proposed sub-plots. These documents must then be presented to the Office of General Permits (OGPe) to request an Authorization for Inscription Resolution. This document must accompany the segregation deed when presenting to the Property Registry. Unless these steps are followed, any attempts at segregating the property or allocating specific portions of the property among the co-owners is null and void.
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.
