Unit 1- Property and Real Rights

Question 1

where is the original source of modern property law found?

Answer 1

Spanish Civil Code

Question 2

what is a real right?

Answer 2

a right on a thing. it is a right than can be exercised and is enforceable against any person. this means that the owner of a real right is entitled to recover his property from the current wrongful possessor. (called land law in the UK)

Question 3

who can create new real rights?

Answer 3

Parliament. Private parties cannot create new types.

Question 4

what is the principle of speciality?

Answer 4

Property rights only relate to specified things, and not to a group of things. In a case of a mass of things, they deal with each thing separately, unless it is a library.

Question 5

What must be done to a right in order to register it in the property register?

Answer 5

the right must be specified; and they must also meet the requirements established by law with regard to the form and content.

Question 6

what is the principle of utility?

Answer 6

when something becomes a part of another thing (incorporated in another thing) it loses its existence as a separate object of property.

Question 7

what are the basic types of real rights?

Answer 7

1) right of ownership 2) limited real rights

Question 8

what is the right of ownership?

Answer 8

a type of real right which confers the owner the right to use, enjoy and dispose of their property. it is an absolute right. this right will pass to the heirs of the dead owner. it is the most complete of all real rights.

Question 9

what are limited real rights?

Answer 9

legal interests of the title holder that are vested on the right of ownership of another person.

Question 10

what are the 3 types of limited real rights?

Answer 10

rights of use; security rights and; pre-emptions.

Question 11

what does absolute ownership (freehold) mean?

Answer 11

the right of exclusive possession; the right of free disposal; the right to alter the land; the right to renounce rights over the land.

Question 12

what is undivided ordinary ownership?

Answer 12

A type of right of ownership. It means equal ownership between 2 or more people. All the co-owners are responsible for the entire building together. For example: 4 classmates who acquire an apartment, they have acquired it in equal shares. Tenancy in common is the most common type.

Question 13

what is time-sharing?

Answer 13

A type of limited real right. occurs when a building is constructed and is made up of separate villas and instead of selling the whole building they sell portions of the use of the building (sell each villa separately). it enables people to buy undivided interests in housing units with an exclusive right to use the apartment for a fixed period. It is regulated by the 2012 Spanish Act.

Question 13

what is horizontal ownership?

Answer 13

a type of right of ownership. this type of property is managed according to the bye-laws.

Question 14

what are rights of use?

Answer 14

they give the holder the right of use of a thing

Question 15

what are security rights?

Answer 15

real rights used to secure obligations (e.g., debts, payments). these rights usually have to be recorded at the property register.

Question 16

what are voluntary rights of first acquisition?

Answer 16

they have been expressly agreed by the parties. it grants the lessee the right to purchase the leased property from the lessor.

Question 17

what are statutory (legal) rights of first acquisition?

Answer 17

they are established by a legal provision, not by the parties. You do not need to register it in the property register.

Question 18

what are [in rem] charges?

Answer 18

burdens or obligations that the owner of the property has to fulfil regularly.

Question 19

what is the right of usufruct?

Answer 19

the right to enjoy an alien property with the obligation to preserve its from and substance. the property still belongs to the proper owner. the titleholder of the right is obliged to maintain the property in its original state.

Question 20

what is the right of mere use?

Answer 20

the right to use another’s property

Question 21

what is the right of habitation?

Answer 21

a real right conferring temporarily on its title holder, the right to use one or more rooms of a dwelling for a certain period of time.

Question 22

what is an servitude/easement?

Answer 22

right to use the property of another person/right of passage. this could be by right of way; right of light; or right to a flow of water. they can be established by agreement or by legal provisions.

Question 23

what is the right of superficies?

Answer 23

the right to cultivate or build on another person’s land. the longest time period is 99 years in Spain. once the time period has lapsed the property and whatever has been built on it will return to the original owner. this right can be created by the owner of the land. the superficiary holder is the beneficiary of the land.

Question 24

what is the right to erect a new floor (right of construction)?

Answer 24

a real right over a building that allocates to someone the power to build one or more floors, and to take over ownership of the apartments built on top of the building.

Question 25

what is emphyteusis?

Answer 25

leasehold in the UK. it allows a person to acquire a piece of land from the seller by agreeing to pay an annual rent. it is a temporary right.

Question 26

what is the right to buy-out (withdrawal)?

Answer 26

it entitles the holder to buy out an asset from a 3rd party who has previously purchased the asset. example: if the owner sells the asset to a 3rd party without offering the titleholder, then the holder can ask the court to reverse the sale.