Puerto Rico Easement for Access to Property

State:
Multi-State
Control #:
US-00495
Format:
Word; 
Rich Text
Instant download

Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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FAQ

In the absence of a will (intestate estate), estate is distributed equally among forced heirs. The portion reserved for forced heirs in a will is reduced to 50%. In the absence of a will, estate is still distributed equally among forced heirs.

All real estate in Puerto Rico is subject to the probate system. This system is based on a "forced heir" policy, that states that all children need to receive from the decedent (the person that died).

No, the IRS does not impose taxes on foreign inheritance or gifts if the recipient is a U.S. citizen or resident alien. However, you may need to pay taxes on your inheritance depending on your state's tax laws.

If a Puerto Rican will exists then it has be filed in court, authenticated and its provisions followed. After this, an estate tax return should be filed in "El Departamento de Hacienda" o "Hacienda" (Treasury Department of Puerto Rico). This is done through a form in which all the assets and their values are listed.

As of November 28, 2020, inheritances are distributed in two parts. 50% is of free disposition and the other half (legitimate) is divided equally among the forced heirs, which are the children and now include the widow or widower.

Adverse possession: Articles 786 and 788 reduced the period of time necessary to acquire personal and real property through adverse possession. The acquisition of personal property through adverse possession now requires at least 2 years of possession in good faith or at least 4 years of possession without good faith.

First order were descendants, second ascendants and in the absence of both, surviving spouse was the heir. Surviving spouse is a forced heir. The Code adds the surviving spouse to the first order of succession as forced heir.

Property That May Avoid Probate Property held in a trust3 Jointly held property (but not common property) Death benefits from insurance policies (unless payable to the estate)4 Property given away before you die. Assets in a pay-on-death account. Retirement accounts with a named beneficiary.

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Puerto Rico Easement for Access to Property