P.R. Laws tit. 31, § 1753

2019-02-20 00:00:00+00
§ 1753. Exterior signs contrary to servitude

It is understood that there are exterior signs, contrary to the servitude of party walls and fences:

(1) When in dividing walls of buildings there are windows or openings.

(2) When the dividing wall is, on one side, straight and vertical in all its facement and has similar conditions in the upper part of the other side, but in the lower part thereof slants or projects.

(3) When the entire wall is built on the land of one of the tenements, and not on the dividing line of the two contiguous tenements.

(4) When it bears the burden of the binding beams, floors, and roof frame of one of the houses and not of the adjoining one.

(5) When the dividing walls, between yards, gardens and estates are so constructed that the coping sheds the waters toward one of the tenements.

(6) When the dividing wall, being constructed of stone and cement, has stones called stepping stones which at certain intervals project from the surface on one side only and not on the other.

(7) When rural tenements adjoining others enclosed by fences or live hedges are themselves not closed.

In all these cases the ownership of the walls, enclosures, or hedges shall be understood as vested exclusively in the owner of the property or tenement who has in his favor the presumption based on any one of the said signs.

History —Civil Code, 1930, § 509.