P.R. Laws tit. 30, § 2360

2019-02-20 00:00:00+00
§ 2360. Inaccuracies in Registry; definition; rectification

Inaccuracy of the Record is understood to mean any disagreement on recordable rights which may exist between the Record and the legal reality outside the Registry.

Rectification of the Registry may be requested by the titleholder of dominion or real right which is not recorded, which is recorded erroneously, or which is impaired by the inaccurate entry.

Rectification shall be made according to the following rules:

(a) When the inaccuracy arises from a legal decision on real property which has not had access to the Registry, a correction shall be made: First, by recording the correct title, if possible; second, by resumption of the successive transaction in accordance with the provisions of this subtitle; and third, by court order.

(b) When the inaccuracy is due to the cancellation of a recorded or noted right, correction shall be made by means of a cancellation, in accordance with the provisions of this subtitle.

(c) When the inaccuracy occurs because of a defect or error in an entry, the Record shall be corrected according to what is established in this subtitle.

(d) When the inaccuracy is based on falsification, annulment or a defect in the title motivating the entry, and, in general, for any other reason not previously specified, the correction shall require the consent of the titleholder affected by the inaccuracy, or when this is lacking, a court order shall be required.

In cases where judicial correction must be sought, the suit must be filed against all those to whom the entry which it is attempting to correct grants some right.

Corrective action shall be inseparable from the dominion or real right from which it is derived.

In no case, may correction of the Registry impair the rights legitimately acquired by a third party who meets the conditions hereby established.

History —Mortgage Law, 1979, § 110.