P.R. Laws tit. 30, § 2201

2019-02-20 00:00:00+00
§ 2201. Titles, transactions and contracts

The following titles, transactions and contracts shall be recorded in the Property Registry:

1st. Constitutive, conveying, declaratory or extinguishing titles of ownership of real property or real rights, or of real consequence imposed on same, and any others that may modify the rights of domain over real property or those inherent to said real rights, even if they are unnamed, that belong to natural or juridical persons, to the state, to municipalities or to public corporations.

2nd. Adjudication of real property or real rights on said property, although it may be with the obligation of conveying them to others or investing the proceeds in specific objects.

3rd. Leases of real property for a period of six years or more, or when there is an agreement of the parties to record it.

Also any subleases, subrogations and cessions, provided the aforementioned conditions are met.

4th. A purchase option or express contract or stipulation determined by said option in any recordable title, provided, that in addition to complying with the conditions necessary for registration, it also complies with the following:

First:— That it be consigned in a public document.

Second:— The price stipulated for the acquisition of the property and, in such case, the price agreed upon to grant the option.

Third:— The expiration date of the option. Nevertheless, the registration of the option shall expire at the end of the term for which it is granted, or five years after the date it was granted, whichever occurs first, although this does not prevent its being registered again for the term provided herein if the contractual term for exercising it has not expired.

However, in leasing with an option to purchase, the duration of the option may equal the total term thereof, but will necessarily expire when there is a legal or tacit extension of the lease contract.

5th. When there is an agreement to record them, conventional rights to repurchase contracts at the same price to acquire ownership that shall only affect third parties after the date of registration in the Registry.

Registration of these titles shall expire when the term for which the right was given shall not exceed ten years, or four years after the date of the contract, in the event the term has not been stipulated.

The transmittal or encumbrance of these rights shall be registrable provided they have not been established as exclusive possessions.

6th. Hereditary rights.

7th. Final judicial decisions declaring the lack of legal ability to administer assets, absence, death, and any other impediment modifying the civil legal capacity that people may have concerning the free disposition of their assets.

Also, all resolutions determining legal incapacity to administer property or affecting legal capacity with regard to the free disposition of patrimony even though they do not declare said incapacity definitely, which occurs in cases where a court declares bankruptcy or in insolvency proceedings.

8th. Notarial documents to process the matters and proceedings established in §§ 2155 et seq. of Title 4, known as the “NonContentious Notarial Matters Act”.

History —Mortgage Law, 1979, § 38; June 14, 1980, No. 143, p. 535; Sept. 2, 2000, No. 348, § 1.