Q: Is donation a viable option if the land and property on the land does not have a deed? what would be the impact of an

A: This is a complex question involving several aspects of Puerto Rican property law, tax law, and legal ethics. I'll break down the key issues and provide some general insights, but please note that this is a situation where consulting a qualified local attorney would be crucial for specific advice.

1. Donation of unregistered property:

In Puerto Rico, it is possible to donate property that is not registered in the Property Registry. However, this comes with significant risks and complications:

- The donation may be valid between the parties involved, but it may not be enforceable against third parties.

- There could be issues with proving ownership and boundaries.

- Unregistered property can complicate future transactions or inheritance processes.

2. Impact of donating unregistered property:

- The donation may be legally binding between the donor and donee, but it might not provide the donee with full legal protection.

- It could create title issues for future transfers or sales.

- There may be difficulties in obtaining mortgages or other financing on the property.

3. Legality of the donation process:

The donation process itself is not necessarily illegal if done properly, even for unregistered property. However, there are potential issues:

- If the property belongs to multiple parties (as suggested in the question), all co-owners would typically need to consent to the donation.

- If the land is unsegregated, there might be legal requirements for segregation before donation that weren't followed.

4. Lawyer's accountability and potential malpractice:

A lawyer could potentially be held accountable for malpractice if they:

- Failed to advise clients properly about the risks of donating unregistered property.

- Did not conduct due diligence to verify ownership and obtain necessary consents.

- Overlooked potential tax implications for the donor and other heirs.

- Failed to advise on the need for property registration or segregation.

5. Tax implications:

Donating unregistered property could indeed have tax implications:

- Gift taxes may apply to the donor.

- The donation could affect future estate taxes for all heirs.

- There might be property tax issues due to the lack of proper registration.

Given the complexity of this situation, involving unregistered and unsegregated land with multiple parties, it would be advisable for all involved parties to:

1. Consult with a qualified real estate attorney in Puerto Rico.

2. Consider regularizing the property's legal status by registering it and potentially segregating it.

3. Evaluate the tax implications with a tax professional.

4. If there are concerns about the lawyer's conduct in the donation process, consider seeking a second legal opinion and potentially filing a complaint with the relevant bar association if malpractice is suspected.

Remember, property law can be quite complex, especially when dealing with unregistered land. Always seek professional legal advice for specific situations.