P.R. Laws tit. 30, § 2821

2019-02-20 00:00:00+00
§ 2821. Transitory provisions

First.— Any mention of a right subject to special and separate registration existing in Registry entries shall have no effect whatsoever, even though it may relate or refer to titles or registrations entered later, when the interested party has not requested that the right be recorded, or no legal action has been initiated to claim his right by noting the suit in the Registry, within six months after the date this act is in force.

Rights mentioned under the previous legislation which appear in documents presented and pending registration in the Registry shall be covered by the rule in the previous paragraph.

Nevertheless, mentions in favor of the Commonwealth, its agencies, instrumentalities and political subdivisions that appear in Registry entries or in documents presented and pending registration shall be cancelled at the request of a party certified by a notary, if more than five years have elapsed since the respective mention was entered.

Second.— When ten years or more have elapsed from the date of their registration, the recorded inscriptions of possession shall be changed to inscriptions of ownership, provided an entry or note does not exist in the Registry indicating that the adverse possession has been interrupted.

Judicial proceedings to record possessory titles pending before the courts on the effective date of this act shall continue their course pursuant to previous legislation, but the final judgments issued thereupon shall be subject to the provisions in this rule of transitory provisions.

The final judgments or possessory proceedings handed down in accordance with previous legislation shall lose their recordable nature and shall have no value whatsoever, unless they are presented at the Registry for registration within the first two years of effectiveness of this act. They shall also be subject to the provisions in the first paragraph of this rule.

Third.— Judicial proceedings to record titles in fee simple pending action on the date on which this act takes effect shall be governed by the previous legislation on the matter.

Fourth.— Starting on the effective date of this act, the registration of real estate or rights on those that are recordable shall follow the rules for keeping the Registry which are provided in this subtitle and its Regulations, but until it can be implemented according to the time and manner which the Secretary determines, the regulations of the previous statute shall be followed.

Fifth.— The term of expiration for entry presentations of notified documents shall begin to take its course on the date on which this act takes effect.

Sixth.— Curable defects that appear in the registrations made under previous legislation may be corrected by submitting the necessary documents, or their cancellation may be ordered at any time by the Court of First Instance, with jurisdiction over the property or any part thereof, upon request to this court by the interested party, stating the reasons why said cancellation may be in order.

Nevertheless, if the defect does not affect the legal standing or the civil status of the parties in the transaction or contract which is to be registered, when five years have elapsed from the date of entry of the defect, it shall then be cancelled by the Registrar automatically, or at the request of the interested party.

History —Mortgage Law, 1979, § 255; June 14, 1980, No. 143, p. 535, § 1.