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Additionally, squatters may be able to claim adverse possession, which is when they have been occupying a property for a certain period and have made improvements to the property. However, it is important to note that squatting is illegal and can lead to legal repercussions.
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.
The adverse possessor must either: Have a defective document which tries (but fails) to transfer title of the property to the possessor (?color of title?), or. The possessor must actually occupy the property with the intent to claim the title to the property (?claim of right?).
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).
Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.