P.R. Laws tit. 30, § 2308

2019-02-20 00:00:00+00
§ 2308. First and subsequent entries; data included

(a) The first entry made of any property in the Registry shall include the following data in the most concise form possible:

(1) The nature, location and boundaries of real properties subject to registration or affected by the right that must be recorded and their surface area measurements in the metric decimal system, as well as the name and number if they appear in the title and conforming to their description and official nomenclature when there is one, also consigning all those specifications leading to the complete individualization of the real property.

(2) The nature, extension, suspensive or resolutory conditions and encumbrances on the right which is being recorded, and their value.

(3) The right on which the one subject to registration is founded.

(4) The name of the immediate titleholder from whom the property or rights which must be recorded are derived.

(5) The name of the titleholder in whose name the registration is to be made.

(6) The document which is being recorded, its nature, date and the court, notary or official who authorizes it.

(7) The date of presentation of the document in the Registry, with a note of the hour, and indicating the number and volume of the presentation entry in the corresponding Day Book.

(8) The date of registration and the Registrar’s signature, which shall imply conformity of the registration with the copy of the document from which it was taken.

(b) Subsequent entries must include:

(1) The data contained in subsection (a)(1) of this section when there is some discrepancy between the description as it appears in the document presented and what already appears in the Registry.

(2) The data contained in clauses (2), (5), (6), (7) and (8) of subsection (a).

(3) What is provided in subsection (a)(3), except when the document to be recorded includes a conveyance or lien on absolute ownership.

(4) What is provided in subsection (a)(4), except in the case of preceding number (3) when the titleholder is a single person.

(c) When a title includes several real properties or real rights located in the same municipality, the first registration made shall include all the data prescribed by the two preceding subsections, and the other property entries shall only be described, if necessary, or the right of each of them shall be determined, and the nature of the act or contract and the names of the conveyor and the acquiring party shall be stated, in accordance with the provisions of this section. Further transactions shall refer to the first registration and state the book and folio in which they are found.

If the title to which the preceding paragraph refers is that of a mortgage deed, in addition to what has already been prescribed, that part of the credit each of the properties or rights is responsible for, and the value assigned to each of them in the event of auction, must be stated.

The data which, according to subsection (a)(2) of this section, must be included in all registrations regarding the conditions and encumbrances on the right to be recorded if they were stated before in any registration of another property, provided it is located in the same municipality, may be recorded by reference.

In no case shall personal rights or those mentioned in § 2351 of this title be indicated.

The provisions in this section are understood to be without prejudice to what is especially established for certain registrations.

History —Mortgage Law, 1979, § 87.