Rivera González v. Registrar of Property of Aguadilla
Rivera González v. Registrar of Property of Aguadilla
Opinion of the Court
delivered the opinion of the court.
By a deed of September 17, 1944, executed before Notary José Veray, Jr., Julio Rivera and his wife declared that they were the owners of a rural property situated in the ward Oa-maseyes of Aguadilla measuring- 11 meters in front by 21 in depth. It is bounded on the north and west by a lot belonging to Julio Rivera, on the south by Highway No. 2 which leads from Isabela to Aguadilla, and on the east by Maria Eugenia Alvarez formerly, now Arturo Molinary. Two one-story frame houses stand on the lot, one of which measures 16 feet in front by 16 in depth, and the other one 16 feet in front by 20 in depth. By that same deed Julio Rivera and his wife segregated from that property a parcel of eleven meters in front by eleven in depth and sold it to Ramón Rivera. The tract of land sold to Ramón Rivera is described as follows:
“Rural, lot situated in the ward of Camaseyes of Aguadilla, measuring eleven meters in front by eleven meters in depth, that is, an area of a hundred and twenty one square meters, bounded on the north and west by Julio Rivera; on the east by Arturo Molinary, and on the south by Insular Highway No. 2 leading from Isabela to Agua-dilla. Standing on the lot there is a one-story frame house roofed with zinc.”
Ramón Rivera presented the deed in the Registry of Property of Aguadilla, but the registrar refused record thereof for failure to attach a certificate showing that the subdivision plat had been approved as required by the
In the administrative appeal taken by Ramón Rivera it is argued that since this is not the case of a sale of land in an urban area or for urbanization, the registrar erred in refusing recordation.
Section 2 of said Act provides that: <£ £Subdivision'’ means the division or redivision of a lot, tract or parcel of land into two or inore parts for sale or for. new building, and includes urbanization as heretofore used in Puerto Rican legislation.” In the present case it appears from the registry that prior to the approval of the act the two frame-houses situated in the main property had already been built, one of which was the one sold to Ramón Rivera; but the division of the parcel of land — the subdivision — was not accomplished until September 22, 1944, when the Act as well as the Subdivision Regulations were already in force. Sepulveda v. Registrar, ante, p. 428, decided on January 18, 1945. .
In the definition of the term ‘1 subdivison, ’ ’ as stated in the Act, parcels of land containing buildings are not excluded from its meaning. Consequently, when on September 22, 1944, Julio Rivera and his wife divided their lot of 231 square meters in order to sell a parcel to Ramón Rivera", they executed the subdivision contemplated by law.
The appellant contends that the Subdivision Regulations apply to urban and not to rural zones or areas. Section 10 of the Act expressly authorizes the Planning Board to adopt regulations which shall govern the subdivision of land in Puerto Rico. And the Subdivision Regulations approved by virtue of this Act provide in Article 1 that any subdivision (urbanización) of land “urban as well as rural” shall be governed by the provisions of the Subdivision Regulations. Since there exists such an express
“The powers granted in this Act shall be exercised for the general purpose of guiding a coordinated, adjusted and economic development of Puerto Rico which, in accordance with present and future, needs and human, physical and financial resources, will best promote the health, safety morals, order, convenience, prosperity, defense, culture, economic soundness and general welfare of the present and future inhabitants, and such efficiency and economy in the process of development and in the distribution of population, of the uses of land and of public improvements as will tend to create conditions favorable thereto. ’ ’
And said § 10 of the Act, referring to the Subdivision Regulations, provides among other things:
“In adopting regulations and considering subdivisions of land the Board shall be guided by the desirability of avoiding land subdivisions in areas which are unready for such development because of lack of facilities, distance from other built up areas, or other similar social, economic, and physical defieiences.”
It is true that the house standing on the lot sold to Ra-món Rivera was built a long time before the approval of
The decision appealed from will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.