P.R. Laws tit. 30, § 2773

2019-02-20 00:00:00+00
§ 2773. Real right on other’s unrecorded property; right to title; procedure for registration

The titleholder of a real right imposed on someone else’s unrecorded property may request the registration of his right, in accordance with the following rules:

First.— He shall present his title in the appropriate Registry section, requesting that a cautionary notice be entered for failure to record the property beforehand.

Second.— When the notation is made, by notarial demand, he shall order the owner of the property affected by his right to proceed to record his title within twenty days from the date of the demand, with the admonition that if he does not verify or take exception to this requirement during said period, the annotator of the real right may request the registration as established in the fourth rule.

Third.— The owner of the property affected may not make any objection whatsoever without, at the same time, requesting the registration of his title in any of the ways established in this subtitle.

Fourth.— Once the term of twenty days has elapsed, the annotator, by justifying the demand made, may request registration of the title of said affected owner by regular procedures in the Court of First Instance Part under whose jurisdiction the property is located.

Fifth.— The binding, unappealable judgment handed down in said procedures shall be sufficient title for its registration in the Registry, changing the notation made, if it has not expired, into a definite record. The cautionary notice shall expire one year after it is entered.

History —Mortgage Law, 1979, § 248.