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Puerto Rico Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Puerto Rico on
Q: No heirs to an abandoned home.

I have lived in this neighborhood for 6 years now and the home in front of mine is my neighbors daughter who passed a long time ago. I'm assuming there are no heirs but i'd like the property to be mine. How do I go about asking my neighbor about maybe getting the home?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 8, 2023

It may not be so simple. The Puerto Rico Civil Code states the order of an intestate succession: if the deceased owner left no descendants, and had no spouse, it would go to the deceased parents. If these are no longer living, it would go to the deceased siblings, nephews, and nieces, if none are... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Puerto Rico on
Q: What Office can verify the assigned numbers that corresponds with each part of the property and was it segregated, OPGE

the property in question should have been segregated according to our ‘records’ back when they were originally filed by my father. There appears to be a sequence of numbers that corresponds with each one of the assigned land parcels. Could the OPGe assist with clarifying if the land was... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 3, 2023

You'll have a better chance to get the information from the Property Registry. When lad plots are segregated from a main lot, the Registrar annotates each of the new property ("fincas") numbers for each of the newly segregated land plots on the margin of the main lot. Also identified... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Purchased 9 acre property w/ house.We are interested to subdivide a parcel off to sell as lot.What is req. process?

Property located in Rincon, Puerto Rico

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 10, 2022

In general terms, you should start by procuring either a Title Study or a Registry Certification from the Property Registry, to certify that you appear as owner of the real estate property. Next, you need to retain the professional services of a civil engineer, who'll prepare a plot plan... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Probate for Puerto Rico on
Q: Father past. Mother alive. There's five siblings. Property in an incorporation. After Mother passes who keeps property?

My parents have a property in Puerto Rico. There's five siblings. Father past away Mother is still alive, who's it belong to? The property is also in an incorporation. One sibling is president in the corporation, my Mother is vise-president and I'm secretary. Should this sibling pass... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 8, 2024

The property will still belong to the corporation. As a rule, when a stockholder dies, his/her shares pass on to his/her heirs, unless an existing stockholders' agreement signed by them state otherwise.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: My sister and I are about to purchase land in Puerto Rico. All paper work is good and land is clear with the state and

Town. We want to divide the land and register our parcel separately. How can we accomplish this? Can this transaction happen directly from seller to the two new buyers with each buyer claiming their part of the land? Or does it have to be registered under one person and then be separated? Need... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 20, 2022

The property must be segregated by way of a deed. Although this can be accomplished in the sales deed, you cannot segregate a property without procuring required legal permits beforehand. The quickest, most expedient way I recommend would be for you and your sister purchase the land and register it... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Puerto Rico on
Q: I purchased a land, now I'm being told I need to pull permits to use it. Wha nativet rights do I have ?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 11, 2022

To answer your question, owning the property in fee simple does allow you to enjoy the property and/or cede, donate, or sell it. Nevertheless, if you wish to develop it, either for personal use or for commercial purposes, the facilities you wish to build may require utilities and other facilities,... View More

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Puerto Rico on
Q: My neighbor is doing major earthwork and excavation on my property without permits nor my permission. What do I do?

My neighbor is doing major earth work on his property for new construction. He excavated a natural drain and installed 32" subterranean pipes, roughly 100' of these pipes are on my property. He has also knocked down a coconut palm tree located on my property. He also excavated a bank... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 31, 2022

The quickest way would be for you should request an immediate "cease and desist" order from the Municipal Court of the town where your property is located, and request the courts to deliver the order to your neighbor. The Petition should be accompanied y evidence of your title ownership... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: I bought some land in Penulas and there are 2 houses that were built illegally on the property prior to my purchase.

After the purchase, the property lines revealed that these homes were in fact on my property. What can I do to remove them, what rights do I have, and what are their rights?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 14, 2021

The rule of law in Puerto Rico grants you a full year after your purchase of the real estate property, to request the courts to evict the people who have invaded your property. Also, the seller may be responsible for clearing the property out before the sale. You may need to bring him/her/they into... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Can a parking lot for heavy machinery (trucks, diggers, excavators, etc.) be placed in middle of a residential area?

In a barrio that is mainly residential, a contractor has decided to store his equipment in the middle of a residential neighborhood. At the entrance to the barrio, close to the highway that runs past it, he established a parking lot/junk yard that has suddenly run out of space. He bought another... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 17, 2020

Hello and thank you for using Justia. You will need to consult with the Municipal Code to verify if there is any regulations on this matter. You can also file a consultation request with the Planning Board and the Permits and Regulations Board (ARPE) to verify if the proyecto has Permits for said... View More

1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Puerto Rico on
Q: If a sibling passes prior to parent, are their children entitled to Puerto Rico land inheritance(1/3 law) under PR law?

My mother/aunt-in-law wish to sign over their mothers property in PR to my wife. I have several questions:

1) Their brother died prior to her grandmother, but he had children. Do they have a claim to the property? 2) I am unsure if anyone took care of the inheritance tax, as seen on... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 3, 2020

Hello and thank you for using Justia. First off, I thank you for your services to the Armed Forces.

1) The Grand Mother is the "Causante" thus an Estate has to be created in her name. The members of the Estate are your Mother in Law, Aunt in Law and your deceased Uncle in Law. The...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Puerto Rico on
Q: Greetings, I am unclear as to Adverse Possession, not asking about squatters, laws in Puerto Rico.

Adverse possession (not squatting) in regards to real estate, as I understand it, is when someone has taken over part of your property and is actively using it with your knowledge and you, the legal owner of said property has done nothing to remove the person from your property. After a set amount... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 4, 2020

Hello and thank you for using Justia. This does form part of squatter's rights known as "Usucapion". In order to become the new owner, the party that is using your property must do it in a peacefull manner, act as if he is the owner infront of the públics eye, do acts of ownership... View More

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Looking for Real estate information on property in Puerto Rico

My mother is the last living sibling and her father has a piece if property in Puerto Rico. My mother only knows the name of the area. How can I find out where it is and include that info in her will that we are trying to draft.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 10, 2020

Hello and thank you for using Justia. You will need to do a Property Registry study to find the location of the property. This can be done by an Attorney at a reasonable fee.

If you need additional information please feel free to contact me directly. Happy New Year...

2 Answers | Asked in Intellectual Property, Land Use & Zoning, Real Estate Law and Tax Law for Puerto Rico on
Q: My dad has property in Puerto Rico. He is now in a nursing home in NJ. Will we lose the property? What can I do to claim

I would like to know if notorized letter is signed in NJ will it help with changing name on property in PR. Not sure, what I need to do as my father is now in a nursing home. He never fixed the right papers to leave me the property. I don't know if the property will be lost?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 5, 2019

No, a notarized letter is not sufficient to transfer real property. You need a properly drafted deed signed and notarized by your father. First you'll need to determine the ramifications of a transfer. Will this effect medicaid /medicare, will it be a taxable gift, does he have an estate plan,... View More

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2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Puerto Rico on
Q: Uncle passed away and had no children. Only surviving relative is my mom. Is she the owner of his property now?

No known will is in place. And we don't know if annual taxes have been paid on property.

Ramon  Olivencia
Ramon Olivencia
answered on Aug 31, 2019

If the property is located in PR and his parents are no longer alive, and he did not leave a will, then the heir will be your mom but the inheritance process will have to be done in order for her to formally become the owner. If the property was his principal residence and he had obtained full... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: How do I get a free consultation with an attorney with a background in real estate law in Puerto Rico. No answer yet.

Have a cousin who has put his small business on my father's property without permission and there is no written agreement. My father has the deed to this property. He is now expanding. My cousin says he has a business permit and is allowed to be there. How do find out that this is true? How... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 7, 2019

Hello and thank you for using JUSTIA. If you search the data base on JUSTIA you will find various Attorneys whom give free consultations in Puerto Rico.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: How do we deal with a person who has a small business on our property in Puerto Rico without our permission?

My father lives in Yabucoa, Puerto Rico and has a small piece of land across the street from his house. There is a main road between his house and a small business a nephew started without my father's permission. The nephew has been there for at least 5 years. It's a place to sell... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 2, 2019

Hello and thank you for using JUSTIA. All he needs to do is to get an Attorney to file a process known as "Desahucio" which will have the Court order his nephew and the business removed from the Property.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: My father bought a piece of land with a old shack house and a family member builds reconstruction house on my land do I

Own just the land or both the land and the house

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 22, 2019

Hello and thank you for using JUSTIA. If the construction was done with your father's authorization then the family member pena the house. It all depends on what the agreement between them was. However there are varios legal procedures that can reverse the ownership of the Property in favor of... View More

1 Answer | Asked in Family Law, Real Estate Law, Land Use & Zoning and Probate for Puerto Rico on
Q: Does one need a signed affidavit from a lawyer to transfer name of ownership on a burial plot when owner has died?

My grandfather bought burial plots for him and my grandmother in the 80's in Puerto Rico. My grandfather passed away 2012 in Puerto Rico. My grandmother passed away two days ago in Puerto Rico. When I went to the cemetery in PR to make arrangements for my grandmother, I was told I need a... View More

Naomi Jusino
Naomi Jusino
answered on Oct 31, 2016

Yes, is true.

In Puerto Rico, when a person passes away, if he/she didn't made a Will, the heirs will need to make a Declaration of Heirs. As the process takes time, the cemetery will require an affidavit establishing who are heirs of the person and that they authorize the use of the burial plot.

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