Do Real Rights in Puerto Rico Require Registration in a Public Registry to be Constituted?

Question from R, Do Real Rights in Puerto Rico Require Registration in a Public Registry to be Constituted?

Answer from AI:

In general, the statement that real rights do not require registration in a public registry to be constituted is false in the context of Puerto Rican law.

Understanding Real Rights

Real rights, or derechos reales, refer to rights that are attached to a property, rather than a person. These rights include ownership, usufruct (the right to use and enjoy the property), and servitudes (rights of way or access).

Registration of Real Rights

According to the Puerto Rican Civil Code, real rights over immovable property are not fully effective against third parties until they are registered in the Property Registry. This is stated in Article 1991 of the Puerto Rican Civil Code.

Exceptions to the Rule

However, there are exceptions to this rule. For example, possession in good faith and with just title for the time established by law can create a real right without registration. This is known as acquisitive prescription, or usucaption.

Legal Advice

While this information provides a general overview, the specifics of real rights and their registration can be complex. It’s recommended that individuals consult with a legal professional for personalized advice.

Resources

For more information, you can refer to the following resources:

• The Puerto Rican Civil Code (in Spanish)
• The Justia website for general information on real rights