The Puerto Rico Court of Appeals has recently ruled on a significant property dispute involving Roberto Rosa Carrasquillo and Rey F. Rodríguez Collazo. The court's decision, issued on July 31, 2026, reinstates legal proceedings that had been dismissed by a lower court. This ruling affects the parties involved and clarifies the legal process regarding property rights and reconvenciones, or counterclaims, in Puerto Rico.
The case, identified by docket number TA2026CE00875, centers on a conflict over a servidumbre, or easement, which is a legal right to use another person's land for a specific purpose. The court's ruling is crucial as it addresses the procedural aspects of how such disputes should be handled in the legal system.
Background
Roberto Rosa Carrasquillo initiated the legal action against Rey F. Rodríguez Collazo on July 20, 2023. Rosa Carrasquillo claimed that he had acquired a servidumbre de paso, or right of way, through a process known as prescripción adquisitiva, which is similar to adverse possession. This legal concept allows a person to claim ownership of land after a certain period of continuous use without the owner's permission.
In response, Rodríguez Collazo filed a counterclaim, known as a reconvención, on September 30, 2023. Rosa Carrasquillo contested this counterclaim on October 30, 2023. After several procedural steps, the Court of First Instance in Caguas issued a ruling on July 23, 2025, dismissing Rosa Carrasquillo's claim with prejudice, meaning he could not bring the same claim again. However, the court did not address Rodríguez Collazo's counterclaim, leaving it unresolved.
The Ruling
The Court of Appeals, led by Judge Rodríguez Flores, reviewed the case after Rodríguez Collazo filed a petition for certiorari, seeking to challenge the lower court's decision. The court found that the lower court had erred by declaring the case had reached a final judgment while leaving the counterclaim pending. The court stated, "the litigation between the parties has not concluded," emphasizing that the counterclaim must be addressed.
The Appeals Court determined that the lower court's ruling was not a final judgment due to the unresolved counterclaim. The court noted, "the reconvención remains alive and is still pending adjudication." This decision effectively reversed the lower court's order and mandated that the case return to the Court of First Instance for further proceedings on the counterclaim.
Impact
This ruling has significant implications for property law in Puerto Rico. It clarifies that a court must resolve all claims in a case before declaring a final judgment. The decision reinforces the importance of addressing all aspects of a dispute, particularly when counterclaims are involved. This ruling may set a precedent for similar cases in the future, ensuring that parties have their claims fully adjudicated.
The court's decision also highlights the procedural rights of parties in property disputes. By reinstating the counterclaim, the court ensures that Rodríguez Collazo has the opportunity to present his case fully. This ruling could encourage other parties in similar situations to seek justice through the legal system, knowing that their claims will be heard.