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Adverse possession, as it operates in common law jurisdictions, differs somewhat in Puerto Rico. Here, it's called "acquisitive prescription", or "usucapión" in Spanish.

There are several general factors for it to occur:

1. Public possession of a private lot of land

2. Uninterruptedly for 30 years (if there is no deed)

3. the possessor must publicly act as if he/she were the owner, and this fact must be "known by his neighbors"

If these and other specific factors, which will depend on a case to case basis, all coincide, then the possessor must file a petition in court to be granted ownership. This petition is called an "Expediente de Dominio", and it requires notifying the neighbors and the owner. If it is proven in court that "usucapion" has in fact occurred, then the lot is granted to the possessor.

If you believe that your mother is a candidate for acquisitive prescription, she should seek legal counsel to determine if in fact she may apply in court for it.

DISCLAIMER: Please bear in mind that all the information contained in this email message, does not constitute legal counsel as of yet, and is purely for your information

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Q: What are the laws for adverse possession in Puerto Rico?
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