Property Registry: how to request a registry certification

The Property Registry is where titles over real property are recorded — sales, mortgages, inheritances, attachments — and where a parcel’s legal history is consulted. The certification is the public window into that information. The law distinguishes two kinds and it pays to ask for the right one: the certification with study and relation shows all entries in force for the relevant period, including reference to the entries in force in the single attachments book; the negative one evidences the absence of what was sought. The existence or absence of encumbrances over real property or property rights may be evidenced against third parties with this certification — though the law clarifies that if the certification does not match the registry entries, what the registry shows prevails.

Any interested party may request one, and they are also issued by court order. You need not be the parcel’s owner to request registry information: that publicity is precisely the Registry’s function. What the law does demand is precision in the request: the registrar will return requests — or court orders — that do not state with sufficient clarity the kind of certification sought, the properties, the persons or the period involved, and must state the reason for the return. They may also return them if in doubt about the properties or entries, even when well drafted, when they believe they might err or cause confusion.

• Stating clearly and precisely the kind of certification you request, the properties, persons and period involved; otherwise the registrar returns the request stating the reason.Verified against the official source
• Requesting separately the certifications referring to different parcels or persons: the law requires them to be requested and issued separately.Verified against the official source

• The parcel’s identifying data (parcel number, volume, book, municipality) or the person whose entries you seek, and the period. The request’s exact form and content are set by the Registry’s regulation.

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   Step 1: Decide which kind of certification you need

   The law recognizes two: with a study and relation of the entries in force, or negative ones. The first is what you request when you want to see a parcel’s history and encumbrances — it includes reference to the entries in force in the single attachments book. The negative one evidences that what you sought does not appear. Requesting the wrong kind is one of the most common ways to lose weeks.

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   Step 2: Identify the parcel or person properly

   The registrar is authorized to return the request if it does not state with sufficient clarity the kind of certification, the properties, persons or period — and also if they remain in doubt about the properties or entries, even when well drafted, when they believe they might err or cause confusion. Bring the exact registry data. And if you need certifications for different parcels or persons, split them: the law requires them to be requested and issued separately.

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   Step 3: Count the 60 days

   Certifications must be issued within no more than 60 days from the request. That term cuts both ways: it is what you can demand, and it is also when your request lapses if you do not renew it within the same period. Note the date you filed.

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   Step 4: If it is not issued: go to the Administrative Director

   The law gives you a concrete remedy in two scenarios: when the registrar refuses to certify what appears in the Registry’s books or systems, and when they do not issue it within the term. In both you may go to the Administrative Director, who will require a written explanation from the registrar and, if warranted, order issuance within no more than 5 days, also taking whatever disciplinary action applies.

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   Step 5: Do not ask for plans here

   The law is express: the Property Registry issues no copies or certifications of plans, nor of the corresponding resolutions, though it keeps the record of those documents. If what you need is the plan, that route is different — typically the permits agency or the authorized professional who prepared it.

At the Property Registry, part of the Department of Justice (justicia.pr.gov; Calle Teniente César González 677 at Ave. Jesús T. Piñero, San Juan; (787) 721-2900). Since Act 210-2015 every certification is issued digitally through authenticated electronic means. The remedy for refusal or delay is filed with the Registry’s Administrative Director.

• Requesting "a certification" without saying which: the law recognizes two kinds — with study and relation, or negative — and the request must state it clearly.
• Putting several parcels or persons in one request: they must be requested and issued separately.
• Letting the request lapse: after 60 days it lapses unless renewed within the same period.
• Enduring a refusal or delay without using the remedy: the Administrative Director can order issuance within 5 days.
• Expecting copies of plans from the Registry: the law expressly prohibits it.
• Relying on an old certification for a purchase: entries change, and against a discrepancy what the registry shows prevails.

These are the government pages this guide is based on.

• Departamento de Justicia de Puerto Rico

  Justicia

  bvirtualogp.pr.gov

• Department of Justice, which the Property Registry forms part of

  Justicia

  www.justicia.pr.gov