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Notary Law is very important because unlike many places in the U.S., Puerto Rico uses notary attorneys to execute all deeds that transfer property. All public documents, affidavit, and sworn statements must be drafted by and signed by a notary attorney.
In simple terms, the purpose of the Land Registry is to publicize transactions on real estate, such as a house, plot or apartment. The owners of the property and their charges or encumbrances are recorded, information that is public for those who have an interest in verifying the legal status of the real estate.
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).
Hiring a Real Estate Agent You'll have to navigate Puerto Rico's complex regulations governing the sale and purchase of property. All real estate transactions must be approved by Puerto Rico's Property Registry, and selling property can result in several fees and copious amounts of paperwork.
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.
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.
The different rules that control real estate on the island can make buying a home in Puerto Rico somewhat difficult. Having the right Real Estate lawyer in Puerto Rico will help you maneuver the regulations and requirements with greater ease and will allow you to move into your island home faster.
In PR, only a notary attorney (unique position for PR attorney) who originally recorded the document(s) will have the originals and can provide copies to interested parties at an additional fee. The attorney typically charges anywhere from $25.00 to $50.00.