P.R. Laws tit. 30, § 2306

2019-02-20 00:00:00+00
§ 2306. Division, segregation and joining of properties; procedure

When a recorded property is segregated into two or more properties, each one shall be recorded with a different number, making a notation of the segregation made on the original property.

When part of a recorded property is segregated to form a new one, the portion segregated shall be recorded with a different number, while noting this fact on the main property.

When part of a recorded property is segregated in order to attach it to another which is also recorded, the corresponding entry shall be made on the latter’s registration, without altering its number, but noting thereon the new description thereof and the source of the portion incorporated, and the proper references shall be made by a note on the registration of both properties.

When there is a segregation of part of a property which is located in two or more demarcations and the property to be created belongs to only one of them, the title shall be entered in the section in which the data on the main property is kept and the Registrar must automatically send this title, along with a certification of title and liens, to the section to which the segregated property belongs. If after passing judgment on the title, the Registrar who has been notified makes the segregation, he shall report this in writing to the Registrar in charge of the section where the main property is located so that the latter may record the segregation made. In the event the segregated property is also located in more than one demarcation, the provisions in § 2051 of this title shall be followed.

When two or more properties are joined to form one, it shall be recorded with a new number, with a correlating note on each of the properties joined.

When properties located in more than one demarcation are joined or attached, title shall be presented in the section in which the record of the main property is kept, in accordance with § 2051 of this title and with the provisions in the Regulations. The document of attachment shall be presented along with a certification of title and liens issued by the Registrars in charge of the sections to which the rest of the constituent properties’ demarcations belong. The application for certification which must report the attachment document shall be submitted and entered in the Day Book of said sections, and when the certification is issued, a note shall be placed in the margin of each property’s folio as a warning for third acquirers.

The Registrar who has the attachment document under his consideration shall inform the other Registrars of the final action taken with respect to the document. In the event the attachments are recorded, a note shall be placed on the folios of each of the constituent properties.

In all of the preceding cases, the source of the properties shall be stated in the new entries, as well as the liens on them before the division, segregation, attachment or joining.

When two or more properties are joined to form one, or a part of one is segregated for the purpose of alienating it, a single comprehensive entry shall be made of the new attached or segregated property and of the alienation of the same.

The comprehensive public documents on these transactions shall describe the properties which are joined or those segregated, as well as the new properties and their remaining portions with their area and boundary modifications.

History —Mortgage Law, 1979, § 85.