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Puerto Rico Land Use & Zoning Questions & Answers
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... Read 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... Read 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... Read 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,... Read 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, Esq.
Ramon Olivencia, Esq. 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... Read 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... Read 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... Read 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... Read 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... Read 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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