Rivera v. Registrar of Property of Guayama
Rivera v. Registrar of Property of Guayama
Opinion of the Court
delivered the -opinion of the Court.
On November 30, 1951, the Municipal Assembly of Arroyo segregated a certain lot from a property belonging to the Municipality of Arroyo, granting the usufruct of that lot to appellant Modesta Morales de Rivera for a period of 20 years and authorizing her to record the usufruct in the Registry of Property of Guayama. Appellant had erected, a house on the segregated lot before she was granted the usufructuary right. The Registrar of Property of Gua-yama recorded the segregation, but denied registration of the usufruct on the following grounds: (1) that under § 70 of the Municipal Law of Puerto Rico, a municipal corporation is without power to grant usufructs except in perpetuity; (2) that under § 70, a municipal corporation cannot grant a usufruct on a lot on which a building has been erected prior to the granting of the usufruct; (3) that for the purposes of schedule of fees No. 9, the value of the usu-fruct or of the lot must be determined by the Municipal Assembly and not by the usufructuary.
It is true that § 70 of Act No. 53 of April 28, 1928 (Sess. Laws, p. 334) —An Act establishing a system of local government for the municipalities of Porto Rico — provides-, that: “On petition, the municipal assembly may grant lots
It is true that the language of § 70, regarding the construction of buildings, seems to indicate that the granting of usufruct of municipal lots shall be made for future constructions and not for constructions already existing at the time of the grant. But it is no less true that in order to avoid any distinction between lots built upon and those which are not, the Legislative Assembly of Puerto Rico passed Act No. 61 of June 16, 1954 (Sp. Sess. Laws, p. 334), “To amend § § 70 and 71 of Act No. 53 (Municipal Law), approved April 28, 1928,” expressly authorizing the Munich
Where the valuation of a recordable right does not appear from the document presented because no numerical consideration or price is involved in the transaction, as is the case of a gratuitous grant of usufruct, the registrars may use the official assessment of the property to determine the value of the recordable interest. Casalduc v. Registrar 67 P.R.R. 582, 584 (Todd, Jr.) (1947). If there is no official assessment, the registrar may determine the value on the basis of other recorded contracts involving surrounding tenements. Board of National Missions v. Registrar, 53 P.R.R. 623, 627 (Del Toro) (1938). If there is no official assessment or proof of record on contracts involving surrounding tenements, the registrar may demand from the party requesting the registration the affidavit required under the former practice setting forth the value of the right sought to be recorded. Board of National Missions v. Registrar, supra.
The decision of the Registrar of Guayama denying registration of the right of usufruct will be reversed. Upon presentation of a verified petition for registration setting forth the value of the right sought to be recorded, the usu-fruct shall be recorded in favor of appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.