Hello and welcome to Puerto Rico Legal Blog. My name is Santiago Lampón; I am a lawyer and a notary in Puerto Rico. If you like this video or any of the other posts that have available on this site you can subscribe and when you do I will send you a special video regarding closes in Puerto Rico. And every now and then I have all the videos that I only share with subscribers.
In this episode I am going to discuss what in Puerto Rico is normally called titled versus untitled property. There are some truths and there are some misconceptions regarding this wording, this way of describing what I am covering in this video. First let’s clarify some terms. By title it is referred to property that is registered at the Puerto Rico Property Registry. That is what in the marketplace is normally called Titled Property.
Untitled Property is referred to, property which is normally not recorded, not registered at the Property Registry. Now, there are two types of untitled property. And I am just generalizing for purposes of keeping it simple. One type of untitled property is a property that is not recorded, that is not registered, that it does not appear at all at the Property Registry. The other type of untitled property is a property that appears at the Property Registry, it is there but the track record of ownership in real life does not match at all. When I say does not match at all it is at all. You may have the property at the property registry under the name of Joe since 1947, 1963, 1930 but throughout the years in real life it has gone from Joe to Jim to Luis to Peter to whosoever. So that property in real life, is not registered as it is with that person’s name but there is an associated description of the piece of land at the registry that do not match. I call that life versus the registry.
Now, you take these two types of untitled, what is called untitled property, and that is where you have two options. Number one option is that whosoever appears at the property registry as owner, as a titleholder, even though in real life he or she is not the title owner, talks to you and enters into an agreement whereby a deed is executed and the property is transferred under your name. That is one way of fixing this up. The other way is through, it’s normally called in English, adverse possession process at court. An adverse possession process, which is a subject of an article on the blog plus the video and other videos that I am going to be creating on this, is a process whereby you plead to the court through a complaint and after complying with a specific detail requirements under Puerto Rico law that you are the owner of the property and the judge after complying with due process and their certain notifications that have to be done to the government of Puerto Rico, to other agencies (it is a very thorough process); the judge can say you know what, yes you are the owner of the property. And that is how you take a property from untitled to titled.
Now this is a general description of what title versus untitled means using the words in the general marketplace. There is a possibility and that is where adverse possession you know creeps in, you know comes in. If you comply with the requirements of adverse possession and all these requirements have been met without going to court, under Puerto Rico law you could be considered to be the owner of the property but your title is not registered at the property registry and that is what an adverse possession case, you know handles, or that you sit down with the person who appears at the registry as owner and you enter into a deed evidencing that you are the owner in life. The registry in Puerto Rico is meant to meet life but I can tell you, all over the island of Puerto Rico that’s not always true. I hope you have enjoyed this video and that is has been useful to you. If you have any questions you can post them on this site or you can send me an email. Again my name is Santiago Lampón. I am a lawyer and a notary in Puerto Rico and remember if you subscribe to my blog I will send you specific videos available only to subscribers. Have a great day.