P.R. Laws tit. 30, § 2354

2019-02-20 00:00:00+00
§ 2354. Public access to registry—Presumptions relative to recorded rights

For all legal purposes, it shall be presumed that the recorded rights exist and belong to their titleholder in the form specified by the respective entry. It shall also be presumed that the person who has recorded the ownership of the real properties or rights has possession thereof. This assumption, as well as the preceding one, admits proof to the contrary, but the courts will take care that in case of doubt as to possession, the recorded titleholder be recognized as the owner, subject to the actions that his contradictor can exercise in the corresponding regular proceedings.

As a result of the above provisions, no contradictory action on the ownership of real properties or real rights recorded in the name of a specific titleholder may be taken without having previously, or at the same time, filed a suit in court for correction, annulment or cancellation of the corresponding registration, when it is in order.

History —Mortgage Law, 1979, § 104.