Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Puerto Rico Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: My abuelos passed they own 6 acres, an acre to each child how do we claim the forced heir.?

my grandparents left 6 acres 1 to each child. My mother was one of the children she passed away in 2019. I would like to claim her portion how can I do that? there are still 3 living heirs one still lives on the property in the house that is there. And the other is trying to get the property all... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 24, 2022

There are many questions yet to be answered in your request. Did either grandparent leave a will? were declaration of heirs petitions brought before the Puerto Rico courts? were their estates liquidated during your deceased mother's lifetime? Do you have any siblings from your mom? How many... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Four friends, two of which are a married couple, own property in Puerto Rico. Would a real estate trust be beneficial?

Upon death of one co-owner, it is deisred that the decedents share(s) pass only to the surviving partners.

This is the primary residence for the majority of co-owners.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 19, 2022

Puerto Rico Civil Code does not allow for donations to be made which may be perjudicial to an heir's share, should the donor die. That being said, a legitimate scenario would be for the two married couples incorporate or establish a commercial society, and transfer the property to the... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: I'm married and the asset in my name, if i set up a trust for my children to inherit, will my spouse have any rights?

Will my spouse's children from his first marriage have any rights to the asset if placed in a trust?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 18, 2022

After November 28, 2020, a new Puerto Rico Civil Code came into effect. One of the primary changes regarding successions (probate law) has to do with the fact that the spouse is now as much a legal heir as the rest of your children. The Puerto Rico Civil Code also states that a person can donate... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Puerto Rico on
Q: Brother is heir of 3 parts of house same brother also purchased land from Municipal can another heir make brother sell

8 heirs, 2 of 8 gave their rights of property to a brother. That brother bought the land the house is on from the Municipal. Can other heirs make brother sell the house and land

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 18, 2022

The Puerto Rico Civil Code states that no co-owner can be forced to remain in a property community. Any one of the remaining 5 heirs with a vested interest in the real estate property may go before the Puerto Rico courts to force a sale of the property, unless the heir with a majority share buys... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: We own land in PR that has not been lived on in 50+ years. We can't find the deed. We need a copy of the deed.

We do not have the lot number or origianl deed, only a copy of the original plan. We're looking to get a copy of the deed and clean up and build on the land.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 18, 2022

In order to procure a detailed history of a real estate property in Puerto Rico, we'd need to identify the real estate in the Property Registry and in the Municipal Income Collections Center ("CRIM", by its Spanish acronym). An initial search may be made based upon who appears... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Puerto Rico on
Q: My mom wants to gift her PR home to me (her only heir). What tax/other issues should I be aware of?

My mother is a PR resident (I am not), and wants to gift her home to me before she remarries or dies. She also said she may want to still live in the home after she gifts it to me. She said she would gift the title, but still have it enscribed in her name. I want to accept her kind gift, but I am... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 18, 2022

First off, unless your mother donates the property to you by way of a deed the Property Registry would still register the real estate in her name. Once she transfers the property in fee simple to you, it needs to be inscribed in your name by filing a certified copy of the donation deed and of your... View More

1 Answer | Asked in Probate and Real Estate Law for Puerto Rico on
Q: They purchased 10 acres, My father did not have a will. Co-owner has shown a copy of my father’s death certificate.

They purchased a 10 acre plot of land. The co-owner sold the land without consulting my mother and kept all the profits. My father did not have a will. Before my father death he gave me the legal documents of the property in question, and found out the co-owner has shown my father’s death... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 12, 2022

If your father left no will, a declaration of heirs should've been petitioned before the courts. I would highly recommend procuring an in-depth title study of that property and procure the scanned historic foils (pages) of that property, to research how it got sold. I would need to review the... View More

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Can a property that is co-owned and one of the owners pass away be sold without consulting the deceased family?

After my father’s death in 2001, five months later his friend decided to sell the property without notifying our family, but many years later 2022 we noticed that was done. Is there’s any advice to pursuing this or is to late? This happened in Puerto Rico.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 12, 2022

I'm assuming that your argument implies that said property (whether real estate or not) belonged in life to your late father; and that the sale was somehow illicit. Without additional information, it is difficult to address your question. If the property you speak of is real estate, you could... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My wifes GF died, his kids dont want the house, How can my wife apply or get the property?

My wifes grandfather passed away about a year ago, his kids don't want the house. His wife is still alive but has early stages of dimensia. My wife is interested and 1 cousin of hers what do they have to do the get the property?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 11, 2022

Having your wife's grandfather died after November 28, 2020, his wife (your wife's grandmother?) is as much an heir as your wife's aunts and uncles. Every legal heir must decide whether to accept or repudiate his/her inheritance in your wife's grandfather's estate. Should... View More

2 Answers | Asked in Real Estate Law and Probate for Puerto Rico on
Q: A person passed away leaving property. All siblings want to sell except one. What happens in this case?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 21, 2022

I'm assuming that the reluctant heir does not have the money to buy out his/her siblings and/or has not made a reasonable offer to the other siblings. If that's the case, the Puerto Rico Civil Code states that no co-owner should be forced to remain in community; not even in a hereditary... View More

View More Answers

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can I buy in PR one third of a real estate property? Been in it a small house and some land.

The land offered to me is in Puerto Rico, one sole owner, free of any incumbrances or/inheritors claims. On that portion there is a small house and some land that includes . The main house is 120 ft away.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 18, 2022

What legal question do you want answered? Yes, if you have the money, you can buy the house. If you are thinking about buying a 1/3 undivided interest in the property, you had better think carefully about who the other owners will be, and particularly what you would do if you have disagreements... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Is family responsible for deceased father's empty house, in Puerto Rico, when there's is no will? We don't want house.
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 26, 2022

Your deceased father's heirs certainly would be responsible for upkeeping and maintaining his house, as well as paying outstanding property taxes, assuming that they accept his estate in inheritance. Under the Puerto Rico Rule of Law, the estate of a deceased person is made up of his/her... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can I claim a rights to property next to mine that I have been paying taxes since 2011?

I paid to have it segregated because it belongs to my dad and uncle. We have our part now but next door my uncle has not paid the taxes since 2011 so the state did not take it, I have been paying on it. There is no house on this land. Can I apply for ownership of it?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 26, 2022

The process by which you could acquire ownership of someone else's real estate property in your possession is usucaption. Article 788 of the Puerto Rico Civil Code states that you must be in possession of said property for 10 consecutive years, if you have possession in just title and good... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Puerto Rico on
Q: Rented my home in San Juan PR and the tenant never lived at the home .Lives in Phil. How do I file eviction notice?

Rented my home. Tenant hasn't paid March - May rent and does not live at the place. How do I file an eviction for someone who doesn't live at residence but lives in Philadelphia

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 18, 2022

I'm assuming that the eviction is being made by way of Public Law 86 of 2011 before a Court of Law in Puerto Rico. In that event, a dunning letter should be mailed to the lessee by certified mail to his/her last known address (if Philadelphia address is known, mail to said address). If no... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My sister and I inherited a home from my dad. I want to sell it but she doesn’t. Can she be forced to sell or buy me out
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 9, 2022

Under the Puerto Rico Civil Code, no co-owner is forced to remain in community. If your sibling does not want to sell the property, she can buy you out. If she does not have the resources to buy you out, you can go before a Puerto Rico court of law and request liquidation of your dad's estate.

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Can I still claim an inherited property after 11 years?

My grandmother passed in 2011 leaving me her house in PR. For many years a cousin, who was the care taker of the house lied and claimed the house had been sold. I recently found out the house and my grandmothers belongings are still standing and have merely been abandoned. Can I still claim this... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 13, 2022

So long as the house is still in your grandmother's estate and you have proof of your hereditary claim, you can still claim the property. I'd advise procuring a title study of the property to confirm that it is still in your grandmother's name. Certificates of value and debt must... 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 Contracts, Real Estate Law and Landlord - Tenant for Puerto Rico on
Q: My landlord is selling my rental home, can new owner come in and remove my personal property? How long do I have to go?

Landlord sent text: Buenos dias. Para informarle que la casa fue opcionada y el comprador debe cerrer el préstamo a fin de este mes. Le informo para que haga los arreglos pertinentes. Me gustaria que confirme que recibio este mensaje. Gracias .

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 8, 2022

I have no knowledge of the case you're referring to. If your message is destined for a specific attorney, you should email him or her directly.

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 Real Estate Law for Puerto Rico on
Q: My father and his sister own a small piece of land/ home in Puerto Rico they want to sell before they pass away

The property currently is completely up to date, no taxes owed and the paperwork to the land was finalized and corrected through the courts in Dec 2021. My question is, someone wants to purchase the home/land in cash and we are not sure what to do. My dad's family in PR is saying that the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 30, 2022

Having a buyer with the cash to purchase the property is common. Nevertheless, your question fails to mention the proposed purchase price. First, I would advise your father and aunt to have the property appraised by a professional appraiser in Puerto Rico. The appraiser's report will give them... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.