Oliveras-Mercado v. Registrar of Property of San Germán
Oliveras-Mercado v. Registrar of Property of San Germán
Opinion of the Court
delivered the opinion of the court.
There was presented for record in the registry of property of San Germán a public deed executed by the mayor of
The registrar recorded the grant of the use and enjoyment of the lot in favor of all of the donees, but refused to record the house because it did not appear to have been recorded in favor of the donors or any other person, citing section 20 of the Mortgage Law, and because Críspulo Oliveras Mercado can not acquire property in the names of the other interested parties for want of the proper power duly authorizing him, entering a cautionary notice of said refusal with tiie curable defect of failure to show the civil status of the donees when the gift of the house was made and of failure to comply with the legal formalities on the part of all of the donees except Críspulo Oliveras Mercado. This administrative appeal has been taken by Críspulo Oliveras Mercado from that decision.
We held in Martín v. Registrar, 22 P.R.R. 139, that a building constructed by a person on his own land belongs to the owner of the land and its record is not necessary under the rule that the accessory follows the principal; but that when a building is erected on another’s land both the land and the building are principal things for the purposes of the Mortgage Law and require separate records in favor of each
As one of the grounds of .the registrar for refusing to make the record has been considered sufficient, it becomes unnecessary to consider the others. Vidal v. Registrar. 12 P.R.R. 152.
For the foregoing reason the refusal of the registrar to make the record must be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.