BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-03-31
SANJUAN, MARCH 81
Colonial Land Titles.

Colonial Lana lilies.
To thoss WHO have attempted to grasp
the theory of realty titles in Porto Rico,
and:who have thereby been led through
.myatic maze of Dewildering confusion, it
nav be of sdditionss interest, though Of IL
ersasipg perplexity, to know that the reaity
situation which to-day conffonts tine prof.
pectlve investor in Porto Ricau lands Is the
same as that which faces the authorities
in the Philippines. :.
Ia fact. it can safely be said, that in those
islands the difficulties in the wsy OF clean
title:are e7en greater, owing to the existen-
ce OF the rebellion, during which, many tit
les, and documents affecting titles, to realty
have beer. purposely Destroyed by the insur-
gents. The general result of all title inves'
ttigation there leads however to the same
conclusions which are arrived at here, and
that ia that it ID almost impossible to tind a
single piece Of pro roperty, the title to which
does not 'iemanate from several different
fountain heads, or sources.
In last Sundays New York Herald, Oapt.
John 81. Parker, U. s. A., has contributed
Q yery intelligent resume of the realty sit
ustion in the Philippines, and with but lit
le alteration the same might be made to
spplS to the status of reat estate in Porto
Rico. AS before said, the destruction OF
much valuable data affecting titles in the
Philippines has materially added to the diff
iculty there, but with this single exception
our titles are in about the same condition ss
those. in the other newly acquired posses
sions.
Between direct grants from the Grown OF
Spain, holdings for Q term of years, smaller
holdings dependent on and apportioned from
the second.cIass. and occupancy AID main
/, tenakce 81 Fl right BY what is known in tie
/. states as sslo1atter sovereignty, the pros
psctiFs purchaser Of realty in Porto Elco is
compelled to face series .y q ifyis6Hs 6as
/ him who has had like experiences before.
10 obtain title which ID absolutely and
thoroughly clear and clean is as impossible
here as it is in the Philippines, and as out
Of question in both places as it is in the De-
sert of Sahara;
By far the greatest confusion in titles has
resulted irom the practice OF permitting
sQua:ters to remain on uuoccup'ed lands Tor
long spaces of time. Much confusion has
also been scrought by the failure to properly
survey and measure of boundary lines and
land divisions. Many titles which to-day
are in state of great confusion have been
made SO BY the unreasonable Claims Of
sqastters. who in the FIRST instance were
generally trespassers, but who by long undis-
tubed occupation have come to feel that
there was in them legal property right,
which could be mainsained.
In the measurement Of boundary lines
sunf, sva nnenrfQiutiQa QYIat
. that there are very few planters and land
owners in general, in Porto Rlco, WHO can
exactly define the limits OF their property.
This is particularly true OF lands belong
ing tor municipalities. In many OF these
small places, lands which really, and OF
right, belong to the community are fenced
!. in and claimed by private owners. A trip
across the bay to Ostsh1 and one may lind
all along the bay front municipal realty
which is fenced in and claimed by private
individuals .
All along the Bayamon River are plan.
4 tons and groves, the owners Of which are
absolutely unable to defae the limits OF
their lands.
Another factor which has materially aided
in bringing about this confusion and uncer-
tainty in titles is the imperfect system OF
public records to-day exists in the Courts,
official offices and semi official offices of
the government. In the Offices OF the Regis
.trars and notaries confusion is bound to oc-
eur as matter of course, each man work
ing % he does according to different
system of his own.
: In the Courts where many important do.
:cuments affecting titles to realty are to be
found even greater confusion prevails. Do.
cuments are piled together in slipshod
fashion, thrown into closets or on the floors,
no index of time or titles kept, and finally
are permitted to 60 out of the possession OF
khe Courts. Attorneys and parties to actions
upon the signing Of receipts acd proper
vouchers are permitted to take from Court
rooms documents Rhioh are the only eviden.
ces Of title to much real estate. How many
valuable papers may have become lost or
been destroyed in this way it is impossibleI
20 Esy, but certain it seems that many doc
uments which are known to have existed at
some time or other have been lost or 1des-
f1oyed In this way. Aside from the desire
OF interested persons to destroy documents,
IL the danger of alterations and changes,
which in papers of such importanCs, might /
Affect the title to valuable lands, and much
personal property.
In trying TO find . remedy for the causes
which have led to skis handicap OF the ven
dor Of Porto Ricsn real estate, the only L
09nclusion which can be arrive at 10 that,
Ne several causes which Asye been named, Il
night eli be cIassed under the one head Of
Imperfect and careless systems Of recording Il
11d registering titles, and documents affect. |
ln9 titles, to real property. For improves |
Ir Ir.&I