Hello welcome to Puerto Rico Legal Video Blog. My name is Santiago Lampón and I am a lawyer and a notary in Puerto Rico.
In this video I cover the subject of Adverse Possession as to one particular item that was presented to me in a case that I am handling here in Puerto Rico.
It has to do with the word possession. It may seem obvious you know, Adverse Possession is the term used across English speaking countries. In Puerto Rico we have different language, only because it is Spanish but the words are kind of like complex so the translation into English is a little bit tricky so I just use Adverse Possession.
The word possession is very important. In this situation that was presented to me this week, not a client but someone else, said “- You know what I have been in possession of the property up to here, (meaning the property line) but you know, there was a drawing done many years ago that shows that the property line was actually here. So apparently my neighbor encroached.” “Wait a minute do you have a title register at the property registration?”
“No I don’t. That’s why I am looking at adverse possession.”
“Have you been in possession of that slithered of land, that additional piece of land?”
” No but the property map shows…”
“ No, no sir wait, in this case it was a gentleman.
Adverse Possession requires possession. That you actually hold. Not that you are there every day, every month, every week, every year but that you hold the property as an owner and that you care and use the property as an owner. If not it is not possession.
So you know that there is a map that shows additional land or whatever… Yes I look at maps, I look at drawings, I look at surveys and I definitely study the history of possession, but whenever that neighbor built upon your land, that neighbor became in possession of the property and you stopped having possession of the property. That is the way it is. Ok?
So look at this aspect of possession as owners and there are other requirements and things to consider but I wanted to give you at least this little bit of information because that is the purpose of this blog to give you some information that makes it easier for you to understand Puerto Rico law. Again my name is Santiago Lampón, a lawyer and Notary in Puerto Rico and you have just watched a video at Puerto Rico legal video blog. Thank you for watching.