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Real Estate

Real Estate Law in Puerto Rico:

Puerto Rico Real Estate law is primarily based on Spanish civil Law. This means that Puerto Rico’s real estate law or real property law draws the majority of its rules from the Spanish tradition of law. Some laws are taken from the United States, but the majority comes from Spain and is contained in the Puerto Rico Civil Code. This Code includes the rules and regulations that control property in Puerto Rico. However, given that there is so much that we share with the United States, including federal law, it is imperative to know both the Puerto Rican legal system and the laws that are in place in the continental United States. Our firm gets many calls from people who live outside Puerto Rico, asking about legal doctrines that do not exist in Puerto Rico. The most common is the quit-claim deed. In Puerto Rico, deeds are called “Escrituras,” they are public documents that can be searched and must comply with the Notary Law, a very technical area of Puerto Rico law. In Puerto Rico, a notary must be a lawyer. They must pass a separate bar exam to draft deeds and practice in this field. Our law firm has notary attorneys with years of experience dealing with Puerto Rico real estate law and who are fully bilingual and experienced in working with clients living in the continental US.

There are no “Quit Claim” deeds in Puerto Rico. Property is transferred by following precise rules in drafting, executing, and filing a Puerto Rico deed, or “Escrituras,” supervised by the “Oficina de Inspección de Notaria,” ODIB, and filing it with the Registry of Property in Puerto Rico.

Clearing Title: Cancellation of Mortgage Notes and Liens:

One of the areas that we work with in our real estate practice is title issues. The Registry of Property in Puerto Rico, “Registro de la Propiedad,” sometimes does not have the most timely and accurate record of ownership of a particular property. Maybe a deed was executed, signed, and delivered but not properly registered in the registry. Perhaps it was filed, but it is still pending registration. We come to find out when there is a sale of a property because our client wants to sell it or buy it, and we investigate the records and the title and find out there is a discrepancy. Our Puerto Rico Real Estate lawyers have years of experience dealing with inaccuracy in the record or errors in the chain of title in the Registry of Property. We also work with cases that involve a lien or a mortgage that has been satisfied and paid off, but the payoff has not been recorded accurately. Because we deal with real estate and probate matters on a daily basis, this type of issue comes up very often. We will contact the Registry of Property representatives and advocate for our clients to find the quickest solution possible for their problems. If needed, we will go to court and ask the court to intervene to resolve the real estate title issues. We deal with these problems strategically and quickly because the agencies and courts in Puerto Rico take a long time to resolve matters. Therefore, moving swiftly and following up with them is essential to resolving our clients’ legal issues efficiently.

Once the title issues are resolved, our clients can move forward with buying, selling, or transferring the property. In this scenario, we represent our clients in real estate transactions (drafting and negotiating purchase and sale agreements, options to buy or outright gifts, known in Puerto Rico as “donaciones”) and sale closings.

Since Puerto Rico can be a highly complex jurisdiction to buy, sell, or transfer real property, we strive to represent our clients diligently, professionally, and cost-effectively to support them throughout the process. We want to be there every step of the way so you feel supported and confident that you have a strong and experienced legal team that will help you maneuver all the intricacies and problems that may emerge. Contact us today for a consultation.

Blanca G. Silvestrini and Angel J. Silvestrini

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