Understanding Limited Real Rights, Accession, and Property
Limited Real Rights
Rights of Enjoyment
- Usufruct: The right to enjoy the property of others, preserving its form and substance.
- Uses: Fruits of another’s property for the user’s needs and their family’s.
- Room: Pieces to occupy someone else’s house for himself and family.
- Surface: Being able to construct on the land of another.
- Easement: Assessment of a property for the benefit of another.
Rights of Guarantee
- Mortgage: Right to seize the domain of a property to ensure compliance with the obligation to pay back a loan.
Rights of Acquisition
- Right of First Refusal: Right to acquire something under the same terms and price offered to a third party.
- Right of Redemption:
- Conventional: Right of a seller to recover the thing sold.
- Legal: Right of subrogation under the same conditions stipulated in the contract.
Rights of Accession
Assets are a right by accession to everything they produce, or are joined or incorporated, naturally or artificially.
- Construction in Good Faith (with the consent of the owner): The landowner chooses to either pay the price of the construction or sell the occupied land.
- Construction in Bad Faith (without consent): What is built is lost without indemnification.
- Inverted Accession (construction overreaching): The owner is forced to sell if:
- a) The holder of what was built.
- b) Part is in both fields.
- c) They form an indivisible whole.
- d) The building plus the soil is greater than the invaded soil.
- e) The building was done in good faith.
Rights of Demarcation
Right to have one’s property cleared. If the titles do not determine the limit, it will be in proportion to the size. If equal, the parties can be catered to with boundary marking (milestones or markers less than 500m apart, watched by each other), then a finding of the boundary.
Types of Demarcation
- Friendly Demarcation
- Court Demarcation: The judge decides the date and time for the demarcation and may bear titles and their surveyors. If done without opposition, there is a record of the survey, but with a view declaration.
Community of Property
The property belongs to several persons. Each owner is entitled to require that maintenance costs be contributed to only by those who relinquish their participation. The common thing cannot be changed without the consent of all.
Horizontal Property
Right of ownership of common elements, their use and enjoyment. It cannot be split and is inseparable from the custodial area to which it is attached. A flat or premises will be inseparable. Each has a participation fee (taking into account the useful surface area in relation to the total, its location inside/outside, its status, and use).
Owners’ Rights
Architectural rights, as long as they do not amend or alter security settings and external conditions or cause damage to another owner.
Owners’ Duties
Do not modify common elements. Do not harm the farm’s activities. Observe the general facilities and common elements. Maintain good conservation. Allow repairs to your home that the building requires and allow entry into your apartment. Pay the participation fee. Contribute to the donation of a reserve fund for maintenance and repair of the property.
Community Obligations
Requirements to perform works:
- Unanimous (approval of establishing a title).
- 3/5 of the parties (establishment or removal of common services).
- Half + 1 (removal of architectural barriers).
- 1/3 (installation of common telecommunication infrastructures, solar, etc.).