Property Rights and Registration
ITEM 20
REAL RIGHTS
Classes of property rights:
- OF ENJOYMENT. The rights of enjoyment are first usufruct. It means the right to use an alien thing. The usufructuary is entitled to enjoy and get the fruits of the good that has the bare owner.
The right to use and habitation differs from usufruct to be used personally, can not get fruits and is based on need. It is very personal to be used personally, can not hire, not for sale.
EASEMENT. Mean value. It is the utility that an estate (dominant tenement) is favored at the expense of the servient estate. Such a way. To reach this spot from the road way is needed. The dominant tenement is increased in value, not only worth it but also has a road.
While serving estate value is reduced because there is a way through that perhaps prevents build.
You may also right of way. Right of underground conduits. Law of view. (That this can not build beyond a certain height so as not to cover her views). Any use for a farm and I know to respect other by contract or law enforcement is what is called the forced servitude.
In Catalonia is not supported usurpation of rights. In the rest of the state itself. - OF CENSUS. Is the right to receive a pension from a field of a farm. Whoever receives the annuity is called a sensualist (who has the right to census) and who has to pay is called the lessee. And they are of two kinds.
- CENSUS CONSIGNADO. It refers to an owner receives money and imposes a pension on his farm. For example, 10 per year for the money given to him and his heirs.
- CENSUS ONDOM. Means that the owner gives his land to a third party and reserves the right to pensions.
Emphyteusis. is the ability to divide ownership of the property between the beneficial ownership, which are the powers of building or room and direct rule, which implies the right to receive an annual pension, but considering the two as owners.
- Surface rights. It’s right on the built or planted on the land of another. Example. I am the owner of the harvest of the land.
- Guarantee rights. There are three.
- The garment. It means delivering a valuable, movable property to secure payment of a thing.
The lender is saved the thing and when the loan is paid it back. Is a deposit can not use it. - La mortgage. On property securing payment of a debt from a loan and allow the debtor to possess, but if not paid the debt, the mortgage is executed, ie the goods are sold at public auction. You can not get the creditor, be sold.
- La antichresis. It means that yields the fruits of one thing is guaranteed the debt. For example. With the rental of a building. If I do not pay the loan might charge you the rent until it is satisfied.
Emptive rights. The holder has the right to acquire the alien thing in preference to any other person. Three
- DERECHO OF OPTION. In which the elector may acquire the property, is the seller decides to sell, for example in a call option. (hire-purchase).
- WITHDRAWAL WITH DERECHO tentative. The probe relates to the duty to notify a future sale by the owner to the holder of the score. and the withdrawal occurs after the sale made without notice to the holder, so that it can withdraw and put in place the buyer. You can agree or you can set this right. Example. If a couple is fighting and you want to sell half of his party, the other spouse is entitled to purchase rather than a third with the same conditions, and so have the tenants on the farm where they are living.
ITEM 21
PROPERTY REGISTRATION
The property registration office is the public that are published in the interests in land, that permissiveness were arranged through the actual code, it means that each farm has a name and after the first entry is called inmatriculación which describes the farm is going inscriptions on transfer of the property chain, ie it acquires the first transmission to the owner, the second transmission A has to be the seller and B the new owner, the third B is the seller and C is the new owner.
We also find in the R property mortgage inscriptions which are constitutive, ie the mortgage if it exists in the registry but does not exist. In all other registration rights are declarative, ie if C dies, his son is not heir to the best part of his property but the owner because C is dead.
The advantage of registration and therefore falls and everyone is very important is the protection of the registered holder, ie, this is protected. The principle of the recorders is the best time first in right. It means that first come to the register is to be protected.
We also find in the property register entries in the book basically into two types.
- La demand preventive annotation and annotation preventive embargo on that farm warn that there is a trial or a possible ban. Who register after is affected by what is registered.
The registration data to find a property can be obtained through the file properties by location, address or file from the owners, or owners (name of person) and there will give us the registration data are.
THE VOLUME, PAPER, SHEET AND NUMBER OF FARM.
What are the data we will find the information on that farm. Always from the last entry that will tell us who is the owner and that rights are made on the farm. As you acquire the information. Is acquired in two ways.
- Certificación recorder, which is a public document
- Simple and informative Nota can is a photocopy that has no value but authentic.