The Puerto Rico Court of Appeals recently reversed a lower court's decision regarding a property dispute between S.R.C. Real Properties Inc. and Jessica María Ramos Olivieri and Javier Colón. The court's ruling, issued on August 28, 2026, affects both parties involved in the case, particularly concerning the possession and use of a disputed piece of land.
This case arose from a conflict over property boundaries and access rights. S.R.C. Real Properties claimed that it had been unlawfully deprived of possession of approximately 1,250 square meters of land after the defendants constructed a new fence that encroached on its property. The lower court had initially ruled in favor of the defendants, allowing them to maintain their possession of the land. However, the Appeals Court found that the lower court had erred in its application of the law.
Background
S.R.C. Real Properties Inc. filed a lawsuit against Jessica María Ramos Olivieri and Javier Colón on February 2, 2026, claiming that it had acquired a piece of land through a sales deed in June 2024. The company asserted that it had exercised peaceful and public possession of the property until December 2025 when the defendants allegedly built a new fence that displaced the existing boundary, thereby encroaching on S.R.C.'s land.
The defendants countered by asserting that they had used a portion of the land for access to their property for over 20 years and claimed that S.R.C. had not properly described the land in question. They filed a reconvención, or counterclaim, seeking to establish their right to the land and requesting that the court recognize their continued possession.
The case was brought before the Tribunal de Primera Instancia, Sala Superior de Guayama, which ruled on April 17, 2026, declaring that S.R.C.'s demand was denied and that the defendants' counterclaim was upheld. The court ordered S.R.C. to restore possession of the disputed land to the defendants and cease any interference with their use of the property.
The Ruling
The Appeals Court reviewed the lower court's decision and found several errors in its reasoning. The court stated, "the analysis of the lower court did not focus on the state of possession at the time of the alleged disturbance, but rather on the historical use of the land by the defendants." The panel, which included judges Hernández Sánchez, Rivera Torres, and Marrero Guerrero, emphasized that the nature of an interdictal action is to maintain social peace and determine possession without adjudicating ownership rights.
In its ruling, the Appeals Court determined that the lower court had incorrectly applied the law regarding possession and that it should have focused on whether S.R.C. had been disturbed in its possession of the property. The court ordered the lower court to conduct further proceedings to resolve the matter according to the principles of interdictal possession.
Impact
This ruling has significant implications for property disputes in Puerto Rico. It clarifies the legal standards for determining possession and the appropriate procedures for handling interdictal actions. The Appeals Court's decision reinforces the principle that the focus should be on the factual state of possession at the time of the alleged disturbance, rather than historical usage.
The ruling also affects both parties involved in the case. S.R.C. Real Properties is now allowed to pursue its claim to regain possession of the disputed land, while the defendants must prepare to defend their claim of continued use and access to the property. This case may set a precedent for future property disputes in Puerto Rico, emphasizing the importance of proper legal procedures in resolving such conflicts.
What's Next
The case has been sent back to the lower court for further proceedings in line with the Appeals Court's ruling. It remains to be seen whether either party will seek further appeals following the lower court's next steps.