reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter IV - Servitude of Party Walls and Fences (§§ 1751 — 1759) › § 1754 - Ditches and drains between tenements

Open ditches or drains between tenements are also considered as common if there be no title or sign proving the contrary.
There is a sign contrary to ownership in common when the earth or dirt removed to open or clean the ditch is only on one side thereof, in which case the ownership of the ditch shall be vested exclusively in the owner of the tenement having this exterior sign on its side.
History —Civil Code, 1930, § 510.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter IV - Servitude of Party Walls and Fences (§§ 1751 — 1759) › § 1755 - Cost of repairs and construction

The cost of repairs and construction of party walls and the preservation of enclosures, live hedges, ditches and drains in common shall be borne by all the owners of the tenements who are interested therein, in proportion to the rights of each one.
Nevertheless, any owner may exempt himself from contributing to this charge by renouncing his right, except in the case when the party wall supports a building belonging to him.
History —Civil Code, 1930, § 511.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter IV - Servitude of Party Walls and Fences (§§ 1751 — 1759) › § 1756 - Demolition of building supported by party wall

If the owner of a building supported by a party wall desires to demolish it, he may also renounce the part ownership; but all the repairs and works necessary to prevent damages which the demolition may cause to the party wall, on this occasion only, shall be paid for by him.
History —Civil Code, 1930, § 512.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter IV - Servitude of Party Walls and Fences (§§ 1751 — 1759) › § 1757 - Construction or reconstruction of party wall

Every owner may construct a party wall by erecting it at his own expense, and by paying for any damages which may be caused by the work, even when only temporary.
He shall also have to pay for the expenses of maintaining the wall in the part newly raised or deepened at its foundation, with regard to its former condition, and besides the indemnity for the increased expenses which it may be necessary to incur in order to preserve the party wall by reason of the greater height or depth which has been given the same.
If the party wall cannot resist the increased height, the owner desiring to raise it shall be obliged to reconstruct it at his own expense, and, should it be necessary therefor to make it thicker, he shall give the space required from his own land.
History —Civil Code, 1930, § 513.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter IV - Servitude of Party Walls and Fences (§§ 1751 — 1759) › § 1758 - Ownership of increased height, depth, or thickness

The other owners, who have not contributed in giving increased height, depth or thickness to the wall, may, nevertheless, acquire therein the right of part ownership by paying proportionately the value of the work and one-half that of the land appropriated for its increased thickness.
History —Civil Code, 1930, § 514.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter IV - Servitude of Party Walls and Fences (§§ 1751 — 1759) › § 1759 - Use of party wall

Every owner of a party wall may use it in proportion to the right he may have in the part-ownership. He may, therefore, build, supporting his structure on the party wall, or introduce joists up to one-half its thickness, but without interfering with the common and respective uses of the other part-owners.
In order that the part-owner may make use of this right, he must previously obtain the consent of the other parties interested in the part-ownership; and should he not obtain it, the conditions necessary in order that the new work may not injure the right of the former shall be fixed by experts.
History —Civil Code, 1930, § 515.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter V - Servitude of Light and View (§§ 1771 — 1776) › § 1771 - Windows or openings—In party wall

No part-owner may, without the consent of the other, make in the party wall any window or opening whatever.
History —Civil Code, 1930, § 516.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter V - Servitude of Light and View (§§ 1771 — 1776) › § 1772 - Servitude of aqueduct—In other walls

The owner of a wall which is not a party wall, adjoining another’s tenement, may make in it windows or openings to admit light, at the height of the ceiling joists or immediately under the ceiling, of the dimensions of thirty centimeters square, and, in any case, with an iron grate embedded in the wall and a wire screen.
Nevertheless, the owner of the tenement or property adjoining the wall in which the openings are made may close them, if he acquires the part-ownership of the wall and if there be no agreement to the contrary.
He may also obstruct them by building on his land or raising a wall adjacent to that having such opening or window.
History —Civil Code, 1930, § 517.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter V - Servitude of Light and View (§§ 1771 — 1776) › § 1773 - Windows and balconies

Windows with direct views, or balconies or any similar openings projecting over the tenement of a neighbor shall not be made if there is not a distance of one meter and a half between the wall in which they are built and the said property.
Neither shall side or oblique views be opened over the said property, unless there be a distance of sixty (60) centimeters.
History —Civil Code, 1930, § 518; June 16, 1953, No. 90, p. 314, § 1, eff. 90 days after June 16, 1953.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter V - Servitude of Light and View (§§ 1771 — 1776) › § 1774 - Windows and balconies—Measurement of distances

The distances referred to in the preceding section shall be measured, in cases of direct views, from the outer line of the wall when the openings do not project, from the line of the latter, when they exist, and for oblique views, from the dividing line of both properties.
History —Civil Code, 1930, § 519.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter V - Servitude of Light and View (§§ 1771 — 1776) › § 1775 - Buildings separated by public thoroughfare

The provisions of § 1773 of this title are not applicable to buildings separated by a public thoroughfare.
History —Civil Code, 1930, § 520.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter V - Servitude of Light and View (§§ 1771 — 1776) › § 1776 - Distance for building when right acquired

When, under any title, a right has been acquired to have direct views, balconies or lookouts overlooking adjacent property, the owner of the servient tenement shall not build thereon at less than two meters distance, to be measured according to the manner stated in § 1774 of this title.
History —Civil Code, 1930, § 521; June 16, 1953, No. 90, p. 314, § 1, eff. 90 days after June 16, 1953.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter VI - Drainage of Buildings (§§ 1791 — 1793) › § 1791 - Construction of roofs

The owner of a building is obliged to construct his roofs or coverings in such manner that rainwater may fall on his own land or on the street or any public place, and not on the land of his neighbor. Even if it fall on his own land, the owner is obliged to collect it in such manner as will not injure the adjoining tenement.
History —Civil Code, 1930, § 522.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter VI - Drainage of Buildings (§§ 1791 — 1793) › § 1792 - Disposition of water received

The owner of the tenement charged with a servitude of receiving water discharged from roofs, may build in such way as to receive the waters upon his own roof, or give them another outlet, in accordance with the local ordinances or customs, and so as not to be burdensome or detrimental to the dominant tenement in any manner whatsoever.
History —Civil Code, 1930, § 523.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter VI - Drainage of Buildings (§§ 1791 — 1793) › § 1793 - Servitude of drain

When the yard or court of a house is enclosed between other houses, and it be not possible to give an outlet through the house itself to the rainwater collected therein, the establishment of a servitude of drain may be demanded, giving an outlet to the waters at the point of the contiguous tenements where its egress may be the easiest, and establishing a conduit for the drain in such manner as to cause the least damage to the servient tenement, after payment of the proper indemnity.
History —Civil Code, 1930, § 524.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter VII - Intermediate Distances and Works for Certain Constructions and Plantings (§§ 1801 — 1805) › § 1801 - Building, etc., near fortifications

Buildings cannot be constructed nor plantings made near fortified places or fortresses without submitting to the conditions required by the special laws, ordinances and regulations relating thereto.
History —Civil Code, 1930, § 525.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter VII - Intermediate Distances and Works for Certain Constructions and Plantings (§§ 1801 — 1805) › § 1802 - Dangerous or noxious constructions

No one shall construct near a wall belonging to another, or near a party wall, wells, sewers, aqueducts, kilns, forges, chimneys, stables, deposits of corrosive materials, manufactories operated by steam, or factories which by reason of their character or products are dangerous or noxious, without observing the distances prescribed by the regulations and customs of the locality and without making the necessary protective works, subject, in regard to the manner thereof, to the conditions prescribed by the said regulations.
In default of regulations, the precautions which may be considered as necessary shall be taken, after hearing expert opinion, in order to avoid any damage to the neighboring tenements or buildings.
History —Civil Code, 1930, § 526.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter VII - Intermediate Distances and Works for Certain Constructions and Plantings (§§ 1801 — 1805) › § 1803 - Trees

Trees shall not be planted near another’s tenement, except at the distance authorized by the ordinances or customs of the locality, and, in default thereof, at a distance of two meters from the dividing line of the tenements, if the planning is made of tall trees, and at fifty centimeters if the planting is of shrubs or small trees.
Every owner has a right to demand that trees which may be planted in the future at a shorter distance from his property be uprooted.
History —Civil Code, 1930, § 527.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter VII - Intermediate Distances and Works for Certain Constructions and Plantings (§§ 1801 — 1805) › § 1804 - Branches and roots of trees

If the branches of any trees extend over a neighboring tenement, gardens or yards, the owner of the latter shall have the right to claim that they be cut off, insofar as they extend over his property, and if it be the roots of the neighboring trees that extend into the land of another person, the owner of the land into which they extend may cut them off within his property.
History —Civil Code, 1930, § 528.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 183 - Legal Servitudes (§§ 1701 — 1805) › Subchapter VII - Intermediate Distances and Works for Certain Constructions and Plantings (§§ 1801 — 1805) › § 1805 - Party trees

Trees existing in a party live hedge shall also be considered as party trees, and any of the owners has a right to demand that they be felled.
Trees serving as boundary marks are excepted, and may be uprooted by common consent of the owners of the adjoining tenements.
History —Civil Code, 1930, § 529.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 185 - Voluntary Servitudes (§§ 1821 — 1831) › § 1821 - Establishment of voluntary servitudes

Every owner of an estate has a right to charge it with all the servitudes he may deem fit, and in the manner and form he may consider as best, provided he does not violate the laws or public order.
History —Civil Code, 1930, § 530.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 185 - Voluntary Servitudes (§§ 1821 — 1831) › § 1822 - Servitudes not injuring usufruct

The owner of a tenement the usufruct of which belongs to another may impose thereon, without the consent of the usufructuary, any servitudes not injuring the rights of usufruct.
History —Civil Code, 1930, § 531.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 185 - Voluntary Servitudes (§§ 1821 — 1831) › § 1823 - Consent of persons having direct and beneficial dominion

When one person has the direct dominion of any property and another has the beneficial dominion, no perpetual voluntary servitudes can be established thereon without the consent of both owners.
History —Civil Code, 1930, § 532.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 185 - Voluntary Servitudes (§§ 1821 — 1831) › § 1824 - Servitude on undivided tenement

In order to impose a servitude on an undivided tenement, the consent of all the part-owners shall be required.
The consent given by some only shall remain in suspension until every one of the joint owners agrees thereto.
But the consent given by one of the part-owners separately shall bind the grantor or his successors, even if they be so by private title, not to prevent the exercise of the right granted.
History —Civil Code, 1930, § 533.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 185 - Voluntary Servitudes (§§ 1821 — 1831) › § 1825 - Rights and obligations under servitude by prescription

The title, and in a proper case, the possession of a servitude acquired by prescription determines the rights of the dominant tenement and the obligation of the servient tenement. In default thereof, the servitude shall be governed by such provisions of this part as may be applicable.
History —Civil Code, 1930, § 534.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 185 - Voluntary Servitudes (§§ 1821 — 1831) › § 1826 - Cost of works for use and preservation of servitude

If the owner of the servient tenement has bound himself at the time of establishing the servitude to defray the cost of the works required for the use and preservation thereof, he may free himself from this obligation by abandoning his estate to the owner of the dominant tenement.
History —Civil Code, 1930, § 535.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 185 - Voluntary Servitudes (§§ 1821 — 1831) › § 1827 - Pasturage in common—How established

Pasturage in common may only be established in the future by an express consent of the owners, contained in a contract or last will, and not in favor of a community of persons or upon a community of property, but in favor of specified individuals and on tenements also definite and specified.
A servitude established in accordance with this section shall be governed by the document constituting it.
History —Civil Code, 1930, § 536.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 185 - Voluntary Servitudes (§§ 1821 — 1831) › § 1828 - Pasturage in common—On public lands

Pasturage in common on public lands, whether belonging to the municipalities, to the Commonwealth of Puerto Rico or to the People of the United States, shall be governed by the administrative laws.
History —Civil Code, 1930, § 537;.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 185 - Voluntary Servitudes (§§ 1821 — 1831) › § 1829 - Pasturage in common—Enclosure of property

If pasturage in common exists between residents of one or more towns, the owner who encloses his property with a wall or hedge shall free the same from the pasturage in common. The other servitudes established on the same shall, nevertheless, continue.
The owner who encloses his tenement shall preserve his right to the pasturage in common in the other tenements which are not enclosed.
History —Civil Code, 1930, § 538.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 185 - Voluntary Servitudes (§§ 1821 — 1831) › § 1830 - Redemption of servitude of pasturage

The owner of land encumbered by a servitude of pasturage may redeem it by paying the value thereof to those having the right thereto.
In default of any agreement, the amount of the said redemption shall be fixed upon the basis of four percent of the annual value of the pasturage fixed by an expert appraisement.
History —Civil Code, 1930, § 539.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VII - Servitudes (§§ 1631 — 1831) › Chapter 185 - Voluntary Servitudes (§§ 1821 — 1831) › § 1831 - Servitude for use of woodland products

The provisions contained in the preceding section are applicable to servitudes established for the use of firewood and other products of woodland which are private property.
History —Civil Code, 1930, § 540.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VIII - Homestead (§§ 1851-1857 — 1858k) › Chapter 188 - Homestead Protection Act (§§ 1858 — 1858k) › § 1858 - Homestead right

Every individual or head of family residing in Puerto Rico shall be entitled to own and enjoy, under the homestead right concept, a parcel and the structure located thereon, or a residence under the regime established in the Condominiums Act, which belongs to him/her or which he/she lawfully owns, and occupied by him/her or his/her family exclusively as a principal residence.
For the purposes of this chapter, the term domicile shall be defined as provided in § 8 of Title 1.
History —Sept. 13, 2011, No. 195, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VIII - Homestead (§§ 1851-1857 — 1858k) › Chapter 188 - Homestead Protection Act (§§ 1858 — 1858k) › § 1858a - Waivers and exemptions

The homestead right shall not be waived and any agreement to the contrary shall be declared null.
However, the homestead right shall be deemed to be waived in the following circumstances:
(a) All cases in which the protected property is pledge for a mortgage.
(b) In case of state and federal tax collection.
(c) In cases of debt owed to contractors for repairs to the protected property.
(d) In cases in which the person who claims or has previously claimed the right recognized under this chapter chooses to claim, in a petition under the Federal Bankruptcy Code, the exemptions provided under Section 522(b)(2) of said Code in lieu of the local and homestead protection exemptions allowed under the Bankruptcy Code under Section 522(b)(3).
(e) All cases related to loans, mortgages, sharecropping agreements, and promissory notes payable to the order of or secured or executed by the Puerto Rico Production Credit Association, the Small Business Administration, the Puerto Rico Housing Financing Authority, the U.S. Farmers Home Administration, the Federal Housing Administration (FHA), the U.S. Department of Veterans Affairs, and the Department of Economic Development and Commerce of Puerto Rico; and the entities succeeding them, as well as in favor of any other Commonwealth or Federal agency or entity securing mortgage loans that are secured and sold in the secondary market.
History —Sept. 13, 2011, No. 195, § 4; Sept. 15, 2012, No. 257, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VIII - Homestead (§§ 1851-1857 — 1858k) › Chapter 188 - Homestead Protection Act (§§ 1858 — 1858k) › § 1858b - Protection against attachment, judgment, or foreclosure

This right shall protect properties against attachment, judgment, or foreclosure for the payment of all debts, except for those debts established as exceptions in § 1858a of this title.
History —Sept. 13, 2011, No. 195, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VIII - Homestead (§§ 1851-1857 — 1858k) › Chapter 188 - Homestead Protection Act (§§ 1858 — 1858k) › § 1858c - Homestead protection shall continue after death, abandonment, or divorce

The protection established in § 1858b of this title shall continue after the death of any of the spouses for the benefit of the surviving spouse, so long as he/she continues to occupy the homestead, and after the death of both spouses for the benefit of their children until the youngest reaches legal age. Should a husband or wife abandon his/her family, the protection shall continue in favor of the spouse occupying the property as a residence; and, in the case of divorce, the court granting it may, in the decree, dispose of the homestead estate according to the equities of the case.
In the case of an unmarried person who is the head of a family, because such family, ascendents, and descendents to the third degree of consanguinity or affinity, is dependent upon such person for support, the protection shall continue after the death of such person for the benefit of his/her named family members, as long as they continue to occupy the protected home, and until the youngest of such dependents reaches legal age.
History —Sept. 13, 2011, No. 195, § 6.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VIII - Homestead (§§ 1851-1857 — 1858k) › Chapter 188 - Homestead Protection Act (§§ 1858 — 1858k) › § 1858d - Homestead protection in case of leasing

As long as the protected homestead beneficiary is alive, the temporary lease of the home which, for work or study reasons, military or diplomatic services, or due to the illness of any member of his/her family up to the third degree of consanguinity or affinity that compels the individual or his/her family to temporarily relocate to another residence in or outside Puerto Rico, shall not terminate the estate of homestead, unless another property is acquired and such property becomes the beneficiary’s principal residence in Puerto Rico or in another jurisdiction.
History —Sept. 13, 2011, No. 195, § 7.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VIII - Homestead (§§ 1851-1857 — 1858k) › Chapter 188 - Homestead Protection Act (§§ 1858 — 1858k) › § 1858e - Homestead protection in case of sale

In such cases in which the protected property constituting a homestead is sold in accordance with the provisions of this chapter, the owner shall have a term of nine (9) months, as of the time of the sale, to invest the sale proceeds in another property located in Puerto Rico and for such property to become his/her new homestead. It shall be understood that the sale proceeds shall be protected from creditors during said nine (9)-month term. The financial protection herein provided is exclusively directed toward setting forth rules to protect the homestead right and in no way shall impair the provisions contained in tax laws.
In the event that another property of lesser value is subsequently acquired, the difference in value shall not be protected by the provisions of this chapter.
History —Sept. 13, 2011, No. 195, § 8.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VIII - Homestead (§§ 1851-1857 — 1858k) › Chapter 188 - Homestead Protection Act (§§ 1858 — 1858k) › § 1858f - Claim of homestead protection in purchase deed; record in the Property Registry and cancellation of the homestead right in the Property Registry

Any individual or head of family who acquires a rural or urban parcel to establish and create his/her homestead thereon shall state so in the deed after having been duly advised on this duty by the authorizing notary, who shall attest to such fact; and upon recording the same, the Property Registrar shall enter such statements in the body of the registration indicating that the owner has filed a Declaration of Homestead for such property. This entry shall serve as public notice.
If the parcel has already been registered in the name of such individual or head of family, it shall suffice for the owner or owners of such parcel to execute a declaration before a notary public stating that the parcel is covered by homestead protection for the Property Registrar to make a marginal notation on the appropriate record.
Both documents, that is, the deed and the declaration, as the case may be, shall state that such property shall be used for residential purposes and that the owner has not declared any other property in or outside Puerto Rico as such. The owner shall also be advised, in both documents, on the potential sanctions to which any person shall be subject if he/she attempts to or unlawfully files a declaration of Homestead for more than one property or in favor of another person.
If a person already owns another property that has been declared as his/her homestead, the existence of such other property and the fact that such property shall cease to be his/her homestead as of said time shall be acknowledged in the document; additionally, such person shall have the obligation to cancel the declaration of homestead of the former property in the Property Registry, so that the Registrar may record such cancellation in the marginal notation of the appropriate record. Such cancellation may be made through the same deed of the new property which shall be covered by homestead protection or through a declaration.
Insofar as the property has been declared a homestead, the Property Registrar shall be required to make a notation stating that the property was so declared by its owner.
Such declarations or notations shall only constitute prima facie evidence of the homestead right of such property; no person may claim more than one property as a protected homestead.
History —Sept. 13, 2011, No. 195, § 9.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VIII - Homestead (§§ 1851-1857 — 1858k) › Chapter 188 - Homestead Protection Act (§§ 1858 — 1858k) › § 1858g - Penalty for unlawful record

Any person who attempts to or files a declaration of homestead with the Property Registry for more than one parcel belonging to him/her, or who attempts to or files a declaration of homestead in favor of another person who is not entitled to such right shall incur a fourth degree felony. In addition, should the person be found guilty of such offense, he/she shall not be entitled to claim the homestead protection for any of the properties involved in the unlawful act.
History —Sept. 13, 2011, No. 195, § 10.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VIII - Homestead (§§ 1851-1857 — 1858k) › Chapter 188 - Homestead Protection Act (§§ 1858 — 1858k) › § 1858h - Registration of a parcel and filing of a declaration of homestead with the Registry

The fact that a parcel has not been registered in the Property Registry, or that the declaration of homestead has not been filed with or entered in the Property Registry, shall in no way impair the owner’s homestead right thereon, provided that such right has been timely claimed as provided in § 1858i of this title.
History —Sept. 13, 2011, No. 195, § 11.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VIII - Homestead (§§ 1851-1857 — 1858k) › Chapter 188 - Homestead Protection Act (§§ 1858 — 1858k) › § 1858i - Claiming the homestead right in a sale resulting from judgment or foreclosure

Homestead right shall be claimed through a motion filed with the court within thirty (30) days as of the date in which foreclosure against the properties belonging to the defendant has been petitioned in order to comply with a ruling of a competent court; or from the time in which a pre-judgment attachment or garnishment or any other pre-judgment remedy is requested against the property of the defendant to guarantee compliance with said ruling.
Such motion shall be sworn by the owner or owners, including a description of the property being protected as entered in the Registry and a statement to the fact that the owner or owners thereof used such property as a principal residence before the service of process of foreclosure was perfected and that they have not declared any other property as their homestead.
The party requesting foreclosure shall have ten (10) days to answer the claim of homestead right and, should a controversy arise, the court shall hold an evidentiary hearing in which the parties shall present their arguments and the appropriate evidence supporting their allegations. The court shall issue its determination within fifteen (15) days after the evidence has been presented. Once the court’s ruling is issued, the aggrieved party may appeal such ruling within a jurisdictional term of fifteen (15) days. In the event that the court determines that homestead protection does not apply, the judicial sale of such property shall not be carried out until such determination becomes final and binding.
No rural or urban parcel shall be sold by virtue of judgment or foreclosure if it has been claimed to be or held as homestead, whether or not it has been registered as such in the Property Registry, unless any of the exemptions provided in § 1858a of this title applies.
However, a rural or urban parcel may be sold by virtue of a judgment or foreclosure if, after having been served, the person acquires a property of higher value and it becomes his/her principal residence. If such situation occurs, the homestead protection shall be extended up to the value of the protected property at the time of the service of process. Likewise, if the money was protected as provided in § 1858d of this title at the time the service of process was perfected, the protection shall be extended up to the limit of such amount.
History —Sept. 13, 2011, No. 195, § 12.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VIII - Homestead (§§ 1851-1857 — 1858k) › Chapter 188 - Homestead Protection Act (§§ 1858 — 1858k) › § 1858j - Recording and cancellation fees

The filing with and recording in the Property Registry of a declaration of homestead shall be exempted in its entirety from the payment of any applicable fees, including stamps and vouchers.
History —Sept. 13, 2011, No. 195, § 13.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART VIII - Homestead (§§ 1851-1857 — 1858k) › Chapter 188 - Homestead Protection Act (§§ 1858 — 1858k) › § 1858k - Office of Notarial Inspection

The Office of Notarial Inspection (ODIN, Spanish acronym) shall be required to notify notaries on the provisions of this chapter and to inform the legal community about the scope and implications thereof.
History —Sept. 13, 2011, No. 195, § 14.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART IX - Registry of Property (§§ 1871 — 1875) › Chapter 191 - Recording of Ownership and Rights (§§ 1871 — 1875) › § 1871 - Object of registry of property

The registry of property has for its object the inscription and annotation of the documents or contracts relating to ownership and other real rights on immovables.
History —Civil Code, 1930, § 545.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART IX - Registry of Property (§§ 1871 — 1875) › Chapter 191 - Recording of Ownership and Rights (§§ 1871 — 1875) › § 1872 - Unrecorded titles not prejudicial to third persons

The titles of ownership or of other real rights relating to immovables which are not properly inscribed or annotated in the registry of property, shall not be prejudicial to third persons.
History —Civil Code, 1930, § 546.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART IX - Registry of Property (§§ 1871 — 1875) › Chapter 191 - Recording of Ownership and Rights (§§ 1871 — 1875) › § 1873 - Registry to be public

The registry of property shall be public, for the purpose of ascertaining the condition of the immovables or real rights annotated and inscribed.
History —Civil Code, 1930, § 547.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 2 - Property Ownership and Its Modifications (§§ 1021 — 1875) › PART IX - Registry of Property (§§ 1871 — 1875) › Chapter 191 - Recording of Ownership and Rights (§§ 1871 — 1875) › § 1874 - Application of mortgage law

In order to determine the titles subject to annotation or inscription, the form, effect and extinction of the same, the manner of keeping the registry, and the value of the entries contained in the books thereof, the provisions of the Mortgage Law shall be observed.
History —Civil Code, 1930, § 548.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART I - Generally (§ 1931) › Chapter 197 - List of Ways Ownership May Be Acquired (§ 1931) › § 1931 - How acquired

Ownership is acquired by occupancy.
Ownership and other property rights are acquired and transmitted by law, by gift, by testate or intestate succession, and, in consequence of certain contracts, by tradition.
It may also be acquired by prescription.
History —Civil Code, 1930, § 549.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART II - Occupancy (§§ 1951 — 1958) › Chapter 201 - Acquisition of Ownership by Occupancy (§§ 1951 — 1958) › § 1951 - Things acquired by occupancy

Things are acquired by occupancy which can be appropriated by reason of their nature, which have no owners, such as animals which are the object of hunting and fishing, hidden treasure, and abandoned property.
History —Civil Code, 1930, § 550.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART II - Occupancy (§§ 1951 — 1958) › Chapter 201 - Acquisition of Ownership by Occupancy (§§ 1951 — 1958) › § 1952 - Right to hunt and fish

The right to hunt and fish is governed by special laws.
History —Civil Code, 1930, § 551.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART II - Occupancy (§§ 1951 — 1958) › Chapter 201 - Acquisition of Ownership by Occupancy (§§ 1951 — 1958) › § 1953 - Swarms of bees; tamed animals

The owner of a swarm of bees shall have a right to pursue them on another’s estate, indemnifying the possessor of the latter for the damage caused. Should it be enclosed, he shall require the consent of the owner to enter the same.
Should the owner not have pursued, or should he abandon the pursuit of the swarm for two consecutive days, the possessor of the estate may take or retain it.
The owner of tamed animals may also claim them within twenty days, counted from the date of their retention by another. After this period has elapsed, they shall belong to the person who may have caught and kept them.
History —Civil Code, 1930, § 552.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART II - Occupancy (§§ 1951 — 1958) › Chapter 201 - Acquisition of Ownership by Occupancy (§§ 1951 — 1958) › § 1954 - Pigeons, rabbits, and fish

Pigeons, rabbits, and fish, which, from their respective breeding places, should pass to another one, belonging to a different owner, shall be the property of the latter, provided they have not been enticed by means of some trickery or fraud.
History —Civil Code, 1930, § 553.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART II - Occupancy (§§ 1951 — 1958) › Chapter 201 - Acquisition of Ownership by Occupancy (§§ 1951 — 1958) › § 1955 - Treasure found on another’s property

A person finding a treasure by chance, hidden on another’s property, shall have the right granted him by § 1116 of this title.
History —Civil Code, 1930, § 554.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART II - Occupancy (§§ 1951 — 1958) › Chapter 201 - Acquisition of Ownership by Occupancy (§§ 1951 — 1958) › § 1956 - Finding of personal property

A person finding any personal property, which is not treasure, must return it to its former possessor. Should the latter be unknown, he must deliver it immediately to the mayor of the town where the find took place.
The mayor shall publish it by posting written advertisements to that effect in the principal hall of the town hall, in the post office and in the office of the collector of internal revenues during two consecutive weeks.
Should it not be possible to keep the personal property found without injury or without incurring expenses greatly reducing its value, it shall be sold at public auction, after eight days have elapsed since the publication of the advertisement ended, without the owner having appeared, and the proceeds shall be deposited.
After six months from the date the publication of the advertisement ended, without the owner having appeared, the thing found or its value shall be awarded to the person who found it.
The latter, or the owner, in a proper case, shall be obliged to pay the costs.
The mayor shall notify in writing to the person who made the find, to his last known address, to appear and take possession of the thing or of the value thereof. Should his address be unknown, an advertisement shall be posted to that effect for two consecutive weeks in the principal hall of the town hall.
After fifteen days have elapsed from the notice by mail or from the date the advertisement ended, as the case may be, without the person who made the find appearing to claim it, the thing or the value thereof shall become municipal property.
History —Civil Code, 1930, § 555; May 13, 1951, No. 417, p. 1104, eff. 90 days after May 13, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART II - Occupancy (§§ 1951 — 1958) › Chapter 201 - Acquisition of Ownership by Occupancy (§§ 1951 — 1958) › § 1957 - Pasturage in common—Reward for finder

Should the owner appear, in due time, he shall be obliged to pay, as a reward to the finder of the thing, a tenth part of the sum or of the value of the article found. If the value of the find exceeds five hundred dollars, the reward shall be reduced to a twentieth with regard to the excess.
History —Civil Code, 1930, § 556.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART II - Occupancy (§§ 1951 — 1958) › Chapter 201 - Acquisition of Ownership by Occupancy (§§ 1951 — 1958) › § 1958 - Flotsam, jetsam, and seashore plants

The rights to goods jettisoned, or to those cast ashore by the waves, whatever their nature may be, or to plants and herbs growing on the seashore, are fixed by special laws.
History —Civil Code, 1930, § 557.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART III - Gifts (§§ 1981 — 2053) › Chapter 205 - Nature of Gifts (§§ 1981 — 1988) › § 1981 - Gift defined

A gift is an act of liberality by which a person disposes gratuitously of a thing in favor of another, who accepts it.
History —Civil Code, 1930, § 558.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART III - Gifts (§§ 1981 — 2053) › Chapter 205 - Nature of Gifts (§§ 1981 — 1988) › § 1982 - Inter vivos or causa mortis

Gifts may be made inter vivos or causa mortis.
History —Civil Code, 1930, § 559.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART III - Gifts (§§ 1981 — 2053) › Chapter 205 - Nature of Gifts (§§ 1981 — 1988) › § 1983 - Kinds of gifts inter vivos

Gifts inter vivos may be of three kinds:
(1) A purely gratuitous gift, or one made without any condition attached and through mere liberality.
(2) An onerous gift, or one in which the donee is burdened with a charge upon the value of the thing donated.
(3) A remunerative gift or one made to a person by reason of his merits or for services rendered to the donor, provided such services do not constitute recoverable debts.
History —Civil Code, 1930, § 560.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART III - Gifts (§§ 1981 — 2053) › Chapter 205 - Nature of Gifts (§§ 1981 — 1988) › § 1984 - Onerous gifts

In onerous gifts, the encumbrance imposed upon the donee shall be less in value than the thing donated.
History —Civil Code, 1930, § 561.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART III - Gifts (§§ 1981 — 2053) › Chapter 205 - Nature of Gifts (§§ 1981 — 1988) › § 1985 - Gifts effective upon death of donor

Gifts which are to become effective upon the death of the donor partake of the nature of provisions by last will and shall be governed by the laws established for testamentary succession.
History —Civil Code, 1930, § 562.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART III - Gifts (§§ 1981 — 2053) › Chapter 205 - Nature of Gifts (§§ 1981 — 1988) › § 1986 - Provisions governing—Gifts inter vivos

Gifts which are to produce their effects inter vivos shall be governed by the general provisions of contracts and obligations in all that is not determined in this part.
History —Civil Code, 1930, § 563.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART III - Gifts (§§ 1981 — 2053) › Chapter 205 - Nature of Gifts (§§ 1981 — 1988) › § 1987 - Provisions governing—Onerous and remunerative gifts

Onerous gifts shall be governed by the law of contracts, and remunerative gifts, so far as they exceed the value of the charge imposed, by the provisions of this part.
History —Civil Code, 1930, § 564.