Q: How to resolve disputed property use in Puerto Rico with no formal division?
My great-grandmother's property in Puerto Rico was divided among her descendants according to a blueprint, but the official title remains in her name. All siblings, including my father, agreed to the division and built on their respective parts. However, my father's portion was destroyed in a hurricane. Now, my uncle's daughter, who inherited his share, is storing items on my father's land and refuses to remove them. We have tried speaking with her but have been unsuccessful. There are no formal documents for the property division. How can we legally resolve this issue and proceed with rebuilding on our part of the property?
A: You may have better chances of a response by reposting this under "Puerto Rico." Based on your post, the property appears to be situated in Puerto Rico. The attorneys who practice in Puerto Rico would have better insight into this. You could also add the categories "Probate" and "Estate Planning," since you mention an uncle's inheritance. Good luck
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A:
In this situation, the lack of formal documentation dividing the property complicates the issue. Since the title is still in your great-grandmother's name, the legal ownership of the property has not been transferred, and there is no formal recognition of the land division. To resolve this, the first step would be to address the property’s title and establish clear ownership for each family member.
You and the other heirs should consider working with a lawyer to formally divide the property, which may involve filing a partition action in court. This would allow for the land to be legally divided, and each family member's portion would be officially recognized. If the partition is agreed upon, you would be able to address your uncle’s daughter’s use of your father’s land as part of the resolution.
While trying to reach an agreement through conversation is important, legal intervention may be necessary if the situation doesn’t improve. A lawyer can also assist in sending a formal letter requesting that the items stored on your father's portion be removed. If she refuses, you may need to pursue further legal action to reclaim possession of the land.
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