P.R. Laws tit. 30, § 1767a

2019-02-20 00:00:00+00
§ 1767a. Schedule of fees to be paid

The schedule of fees to be paid hereinafter for the operation of the Property Registry, as §§ 1767a—1767e of this title provides, shall be as follows:

Number One.— For the presentation fee, the marginal notes and footnote to the title, with respect to each document whose recording, notation, cancellation or marginal note of ownership is requested, the sum of ten dollars ($10) shall be paid. Of the fees collected on this account, eight dollars ($8) shall be covered into a special fund, that is separate and distinct from any other money or fund belonging to the Commonwealth of Puerto Rico, which shall be under the custody of the Secretary of the Treasury for the exclusive use of the Secretary of Justice for the purpose of defraying the cost for the design, establishment and operation of a modern and mechanized system of the Property Registry throughout Puerto Rico. The resources covered into the special fund may be used by the Secretary of Justice for, among other purposes, acquiring, leasing, installing, adapting, maintaining and operating equipment, for appointing, training and contracting personnel or technical consultants, for leasing premises, for acquiring materials, for adopting regulations and for any other expense related to the design, establishment and operation of the modernization and mechanization system adopted by the Secretary of Justice.

The Secretary may likewise receive contributions and donations for the special fund from private persons or entities, as well as from agencies and public corporations of the Commonwealth Government, the municipal governments and the federal government. The special fund herein created may receive resources proceeding from the payment of fees for other registering activities, transactions and operations when the law expressly so provides.

Nothing of what is herein provided shall, however, prevent this special fund from being used to pay in advance the expenses needed for the efficient operation of the Property Registry related to the adoption of the modernization and mechanization system when funds have been requested for such purposes and have not been received, which shall be reimbursed chargeable to said funds when they are received.

The Secretary of Justice shall annually submit a report on the Modernization and Mechanization Plan of the Registry, its goals, achievements, obstacles, expenses incurred and a financial statement of the special fund herein created. Said report shall be submitted to the Governor of Puerto Rico and to the Legislature during the course of the regular legislative session.

If necessary, the Secretary of Justice may borrow money under the terms that may be most beneficial for the public interest in order to expedite the modernization and mechanization of the Property Registry pursuant to the plan previously established. Provided, That the Secretary shall guarantee the payment of the obligations thus contracted with the resources of the special fund created through this act.

The Secretary of Justice shall render a semi-annual report to the Secretary of the Treasury and to the Comptroller of Puerto Rico of the funds collected, the expenses incurred and paid, the obligations contracted, the property and equipment acquired and any other financial transaction conducted as part of the Modernization and Mechanization Plan of the Property Registry.

Once the implementation of the Modernization and Mechanization Plan of the Property Registry adopted by the Secretary of Justice has been completed and after all expenses for its implementation have been paid, the Secretary shall continue to use said funds to defray, in part, the operating expenses of the mechanized system and all those that may be directly or indirectly related to said system and to the efficient operation of the Registries.

Number Two.— For the recording, notation, cancelling, release, with respect to each property right, the following fees shall be paid:

(a) If the estate or right is valued at one thousand dollars ($1,000) or less, the fee shall be two dollars ($2).

(b) When the value of the estate or right exceeds one thousand dollars ($1,000), two dollars ($2) shall be paid for each one thousand dollars ($1,000) or fraction thereof of the nominal value of the estate, up to a maximum of twenty-five thousand dollars ($25,000).

(c) When the value of the estate or right exceeds twenty-five thousand dollars ($25,000), there shall be charged fifty dollars ($50) for the first twenty-five thousand dollars ($25,000) and four dollars ($4) for each additional one thousand dollars ($1,000) or fraction thereof.

(d) For the marginal notes not involving any amount, four dollars ($4) shall be paid for each one.

(e) For free releases, four dollars ($4) shall be paid for each estate.

(f) Fees for annotating the priority reservation of a contract being negotiated shall be governed by subsection (a) or (b) of this section, but limited to a maximum of twenty-five dollars ($25).

(g) Fees for recording a contract with an option to purchase shall be governed by subsection (a) or (b) of this section on the amount of the sale price, but limited to a maximum of twenty-five dollars ($25).

(h) For the marginal notes and the preventive annotations of complaints, and their cancellation, four dollars ($4) shall be paid.

Number Three.— For each literal or abstract certificate, whatever the number of entries referred to may be, six dollars ($6) shall be charged for the first three (3) double-spaced legal pages, and two dollars ($2) for each additional double-spaced legal page.

In the case of a literal or abstract certificate made on a photocopying machine, one dollar and fifty cents ($1.50) shall be paid for each page, including the pages on which pertinent entries are indicated and certified.

Number Four.— For each entry in the Book of Incompetents, ten dollars ($10) shall be charged.

History —June 20, 1963, No. 67, p. 216, § 1; June 26, 1964, No. 103, p. 320; May 30, 1970, No. 91, p. 240, §§ 1, 6; June 21, 1971, No. 49, p. 157; June 7, 1977, No. 54, p. 117; June 3, 1980, No. 89, p. 245; Aug. 12, 1982, No. 3, p. 216, § 1; Jan. 12, 1983, No. 4, p. 483; Aug. 5, 1989, No. 44, p. 149; July 21, 2000, No. 133, § 1; Sept. 29, 2004, No. 513, § 1; July 30, 2010, No. 116, § 1.