If a person who has real estate property registered in his/her name believes that another registration entered under a different number refers to the same real estate property or to the same titleholder, he/she may request that the Registrar, after summoning all interested parties pursuant to the provisions of the Rules of Civil Procedure; and provided, that the identity of both real properties as a single real property can be proved, shall resolve which registration shall subsist, and proceed to cancel one of them.
However, in those cases in which all the interested parties are unable to agree, they shall have to resort to the Court of First Instance in order to resolve the controversy.
When double registration refers to different titleholders, the identity of the property and the best right to the real estate shall be resolved in a regular plenary suit ordered.
In both cases, cancellation of the corresponding registration shall be ordered.
When the Registrar finds that a real property appears to be registered more than once in behalf of the same titleholder, he/she shall notify this fact to the presenter and to the authorizing notary. If there is no encumbrance on either of the two real estate properties, the title holder shall file the corresponding petition with the Property Registrar, who shall resolve the issue at hand. Should there be an encumbrance upon either of the two real estate properties, the titleholder with right of ownership shall comply with the procedure established in the first paragraph of this section.
History —Mortgage Law, 1979, § 251; Feb. 13, 1996, No. 4, §§ 1, 2.