The permit and authorization referred to in § 64 of this title may be recorded in the Property Registry of Puerto Rico as a real encumbrance if the farm meets the following requirements:
(a) When the application for a permit and authorization was made by an urbanizer, developer or constructor who has complied with § 64b-1 of this title, the titleholder and proprietor of record shall make the request for registration by public document, and shall submit the certification of the Puerto Rico Planning Board and of the municipality in which the development or segregation is located, which shall state that the requirements stated in § 64b-1 of this title and the conditions or limitations imposed for the granting of the permit or authorization were met. If the farm on which the encumbrance is to be recorded is segregated or its segregation has been requested, the encumbrance shall be recorded on one of the new farms that are segregated or to be segregated. If the farm is not segregated and it is segregated later, the Property Registrar shall indicate the existence of the encumbrance in the registration of each new farm at the time of each segregation.
(b) When the request for registration is made by any other person who is not the urbanizer, developer or constructor, it shall be required that the request for registration be made by a public document signed by the titleholders of record who own more than fifty percent (50%) of the farms that are a part of the urbanization, street or community to which the permit and authorization have been issued, and shall include a certification from the municipality which granted the authorization and permit which shall attest to the granting of such permit and the conditions imposed thereby. Said application for registration may be made by public document by the council, board or residents’ association which is duly organized pursuant to the laws of Puerto Rico and is functioning, but in this case a sworn statement of each titleholder of record who owns each one of the farms on which the encumbrance shall be constituted must be presented, in which they certify that they consent to the recording of the encumbrance and that they authorize the council, board, or association to request the recording, and shall include the Registry’s description of the property. The registration provided herein shall only be effective on those farms whose titleholders have consented to the recording.
Whenever the titleholder has consented to the recording of the encumbrance, conditioned upon the encumbrance being constituted by a specific percent of the proprietors of the urbanization, street or community, proper credit shall be given to compliance with said condition before the authorization and permit can be recorded as an encumbrance on the farm of the authorizing proprietor subject to said condition.
The recording authorized herein shall be subject to the payment of a recording fee of five dollars ($5) in internal revenue vouchers and of the cancellation of a like amount, and no additional quantity whatsoever may be charged by the Property Registrar of Puerto Rico.
History —May 20, 1987, No. 21, p. 63, added as § 8 on Aug. 10, 1988, No. 156, p. 669, § 8.