The Puerto Rico Court of Appeals recently upheld a lower court's decision in a property dispute involving Jerry Alemán Roque and Sergio Colón Vargas, along with Brunilda Vargas Becerril. The ruling, issued on June 29, 2026, confirmed that Alemán Roque could not evict the Vargas family from a property they claimed to own. This case highlights the complexities of property ownership and the legal processes involved in eviction cases.
The case began when Alemán Roque filed a lawsuit for eviction against the Vargas family, claiming ownership of a property in Dorado, Puerto Rico. The dispute arose from a judicial sale that occurred in 2018, where Alemán Roque purchased the property after it was part of a liquidation of a hereditary community. The Vargas family argued that they had lived on the property for over 40 years and that the structure they inhabited was not part of the judicial sale.
The lower court ruled against Alemán Roque, stating that he failed to prove ownership of the structure in question. This ruling was based on previous court decisions that indicated the structure was not included in the property sold during the judicial sale. Alemán Roque appealed this decision, seeking to overturn the lower court's ruling.
The Court of Appeals, led by Judge Lebrón Nieves, along with Judges Pagán Ocasio and Álvarez Esnard, reviewed the case. In their ruling, they confirmed the lower court's decision, stating, "the part of the appellant did not prove to be the owner of the structure from which he requests eviction." The court emphasized that the eviction action could not proceed due to the existing dispute over the title of the structure.
The judges pointed out that the lower court had correctly determined that the structure occupied by the Vargas family was not part of the judicial sale. They noted that the property had been built with funds from Sergio Colón Montañez, the deceased father of Sergio Colón Vargas, and that the family had lived there for decades without any rental agreement. The court stated, "the action of eviction cannot prosper when there is a title conflict between the plaintiff and the defendant," reinforcing the need for clear ownership before eviction can be granted.
This ruling has significant implications for property disputes in Puerto Rico. It underscores the importance of establishing clear ownership rights before pursuing eviction actions. The decision also reinforces the principle that eviction cannot be granted if there is a conflict regarding property ownership. This case may serve as a precedent for similar disputes in the future, emphasizing the necessity of resolving title conflicts through appropriate legal channels.
Looking ahead, it is unclear whether Alemán Roque will appeal the Court of Appeals' decision to the Supreme Court of Puerto Rico. However, the ruling sets a clear standard for future eviction cases, particularly those involving disputes over property ownership. The case illustrates the complexities of property law and the importance of thorough legal documentation in ownership disputes.











