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Puerto Rico Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Selling a home in Puerto Rico.

My mom passed a away a few months ago. She owned a property in Puerto Rico that I would like to sell. She didn't create a will since I am her only heir. What steps do I need to take to sell the home. I live in Pennsylvania, so it's hard getting information. I do have the escritura, but... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on May 7, 2020

Before an heir can sell a property, it is mandatory that the inheritance process has finished. Therefore, the first step is to hire an attorney who you can work with. Currently, there are a number of lawyers working remotely so being in the USA is not a problem. Here is a summary of the steps... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My wife has a fence that has a fence about 4 inches on her side of the property line. She had a survey and the Engineer

The engineer staked the property line. My wife says that she now needs to move the fence to the line? Is this correct?

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

Hello and thank you for using Justia. Now that she has had an Engineer prepare a "Mensura" (property measures), she needs to get Court Authorization to move the fence. This is a legal process to revindicate the property dementions as registered in the Property Registry Department, thus... Read more »

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Puerto Rico on
Q: My grandmother in Puerto Rico has passed and I need assistance probating her estate I have her testament

My grandmother was murdered 2 weeks ago I was finally able to bury her yesterday. I have her testament and would like to know what my next steps are. I am here in Puerto Rico now but I live in Atlanta, GA. I need an attorney here who will help me probate this estate, access her accounts and sell my... Read more »

Naomi Jusino
Naomi Jusino answered on Apr 21, 2020

Dear reader,

For the process you will need to request a certification to grant that the Will was the last one and hasn’t been modified. Before you can divide the estate or goods, you will need to fill some documents with the Treasury Department in Puerto Rico so the can give you the...
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1 Answer | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: How do squters get their power and water turned on with out owning the deed to a property.
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 19, 2020

Hello and thank you for using Justia. Usually a sworn Declaration stating that they are the residents of said property will allow them to get public utilities connected.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandmother was murdered in her home April 3rd I flew here to bury her and claim the estate I can’t find her will

The island is locked down and I need to know how to claim this estate so I can sell the house where do I go to do these things? I have found the deed but not the will I know she had one but I can’t find it and her attorney died two years ago

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 8, 2020

Hello and thank you for using Justia. All Testaments (Wills) suscribed by an Attorney/Notary Public have to be registered in the Office of Inspections of Notary Publics(ODIN). You will be able to get a certification of existance. Once you have the certification you then visit the Office of Notary... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Puerto Rico on
Q: My uncle has passed away in PR. A female has been staying there rent free. The heirs want her to vacate. Please advise.

We dont want to create unnecessary duress for either parties.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 6, 2020

Hello and thank you for using Justia. The legal process to be followed is to first get your beloved Uncle's property registered under the Estate's name. Once the property is registered in the names of the Inheritors (Estate) then they will have to file an evictión procedure (Desahucio)... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: Is there any way to break a short term rental agreement without penalty. Especially right now amidst the COVID crisis?

I'm in a short term lease that ends may 31. we gave the landlord 30 days notice but they are not accepting it. They say breaking the lease early results in an additional penalty of 2 months rent, plus I believe they will most likely keep our deposit. I want to be able to break the lease and... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 2, 2020

Hello and thank you for using Justia. The best way to resolve this matter is to speak with your landlord and explain to him your reasons for wanting to move to your parent's house due to economic hardships because of the current quarentine under the Executive Order issued by the Governor.... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Hello, I recently purchased some land in Puerto Rico with my friend and her son. If I die, I would like my third of the

property to go to my friend. If we place the property in an LLC , with the operations agreement stating that surviving members get all shares, then can I avoid the forced heir situation? If not what vehicle does P.R. provide for this situation?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 1, 2020

Hello and thank you for using Justia. The only way tomake aire your friend gets the property is by you creating a Testament leaving the property to your friend. You will need to have a Testament created by an Attorney in Puerto Rico and then have it sent to you for signatue. This is known as a... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: I'm a lawyer in TX. I have a TX couple who own a condo in PR. They want to transfer title to a TX LLC by Quit Claim

Does PR recognize Quit Claim Deeds? Can it be filed in PR?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 18, 2020

Hello and thank you for using Justia. Puerto Rico does not recognize Quit Claim Deeds as an optión to transfer titleship of real estate. This is not an optión for your clients. Let me know what are your client's intentions for transfering Titleship and I will give you options.

If you...
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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 Real Estate Law for Puerto Rico on
Q: Greetings, How do I go about getting a lot line adjustment?

My neighbors need part of my land and I need part of theirs. Since both areas are on the same property line it would be logical to just do a lot line adjustment. How do I get the process started? Is it possible in Puerto Rico?

The property is rural.

Thank you.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 26, 2020

Hello and thank you for using Justia. We have a different legal process as a remedy available. You will need to hire an Attorney, do a new plot plan study, get a Property Surveyor to remeasure the property and then prepare a public deed with the new measurements un the Registry of Property... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My stepdad have a land in Guayama and he is in Pennsylvania state Prison need help

The house was damage by the hurricane Maria he wants me to handle the property and fix the damage but to make it easier to put the house under my name but I need help I live in Philadelphia PA I have the papers of the house

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 15, 2020

Hello and thank you for using Justia. This all depends on the age of your Father and how many children he has. This is done to protect the future Inheritance of his children. I would suggest that you begin repairs with the house and then decide if your Father should donate or sell said property to... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: from start to finish how much does it cost to register a piece of property in P.R.?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 12, 2020

Hello and thank you for using Justia. This all depends on the sale price or value of the property you receive. You can verify the cost using the following link;

http://www.fianzanotarialpr.org/calnota/

Just full in the blanks and it will give you an idea of the costs.

This...
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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: How would i sell land inherited via a will, in Puerto Rico when there are legal issues with the title?

My parents own 75% share of land in Rincon, PR. They now live in Virginia, and I live in Arizona. They have 3 separate legal issues with the land where people have built homes on my parents land many years ago. My parents have been paying property tax on the land but the 3 squatters have been... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 1, 2020

Hello and thank you for using Justia.

You mention squatters and this is a very important matter. If said squatters have lived on that property for more thirty years they can claim rights to said property and thus become the owners. It is urgent that you act now. A very good way to act is to...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandfather died and left land in Puerto Rico. How do I get the deed before his neighbors try to sell it?

He left the deed to a friend back in the 1930s when a handshake used to mean something and now that friend passed the deed to his son. They are trying to falsely using our last name to try and sell the land. I have 2 out of the 6 living uncles (my dad is one of the deceased) and only 1 of them is... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 31, 2020

Hello and thank you for using Justia. Yes there is something that you and the others that have been denied their legal rights can and should do to ratify the situation. The legal process you will need to follow is to create an Estate for your beloved Grandfather and possibly one for your beloved... 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 Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Puerto Rico on
Q: my father has built a house for me to eventually inherit in PR. problem is my mother says her name is in the paperwork

for the land (not house itself) she did not put any monies into purchasing the land or construction. I have never seen any paperwork and want to find out how I can get all the information regarding the house. Does she have any rights over me for the house?. She does not allow me to do any repairs... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 1, 2020

Hello and thank you for using Justia. Happy New Year. If your parents we're legally married at the time of purchase of the land and constructión of the house without any prenupcial agreement, then most likely yes your Mother is half owner of the house and property. You Will need to verify the... Read more »

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Father past years ago. My prop was never put in my name. All other kids have there's, what can I do about mine

The property that was to be mine is setting. I'd like to build on it. But I have no paperwork or title. All other children have more than one property. Just need some help with what to do. My sister doesn't want to give me the property. Is there anything I can? Thank you

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 1, 2020

Hello and thank you for using Justia. Happy New Year. Yes you can have the property registered in your name. The process is to first do a legal study of your beloved Father's Estate in order to verify if said Estate was indeed created and probated as per law, registered and filed in the... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: If there is an abandoned home overgrown and in disrepair in Puerto Rico and someone lives in it and repairs canitbclaime

Can the home be claimed if the person repairs it and inhabits it and claims it as there own and pays taxes on it.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 25, 2019

Hello and thank you for using Justia. You can claim it as your own through squatters rights. However this will take thirty years. Your best bet is to do a title search for the owners and then verify with the property tax authority (CRIM) if the property is under execution for collection of taxes.... Read more »

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My parents passed away 28 yrs ago. My siblings and I never claimed the house. How do we claim the house? Is it too late?

We went and saw the house several years ago and no one has lived in it since they passed away. It does however, have lots of damage. We live in the states and not in PR making it difficult to keep up with it. We would like to sell it. What are the steps, if it's not too late, to claim the... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Dec 23, 2019

You can still claim ownership but you should speed up since property taxes will accrue and you don´t want someone to occupy it since after a number of years they could later begin a process to transfer the title to their names.

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