Book 4: Property
Ownership, possession, usufruct, superficies, servitudes, right of habitation, mortgage.
Sections 1298 to 1434
Annotated sections in this Book
- §1298 Limited number of real rights Limited number of real rights.
- §1299 Registration of real rights in immovables Any acquisition or change of a real right in immovable property must be registered to bind third parties. Without registration, the right exists only between…
- §1300 Cancelling a registration that prejudices an earlier right Where land is transferred for value to a third party who acts in good faith and registers the transfer, that third party's title prevails against…
- §1301
- §1302
- §1303
- §1304 The public domain of the State comprises property held for public use or the common benefit, including waste land, roads, rivers, and dedicated public property,…
- §1305
- §1306
- §1307
- §1308 Land formed naturally by alluvion (gradual deposit of soil by water) at the bank of a riparian owner's land becomes part of that owner's land…
- §1309
- §1310
- §1311
- §1312
- §1313
- §1314
- §1315
- §1316
- §1317
- §1318
- §1319
- §1320
- §1321
- §1322
- §1323
- §1324
- §1325
- §1326
- §1327
- §1328
- §1329
- §1330 A person who in good faith purchases property at a court-ordered auction or official receiver's sale acquires unassailable title even if the property did not…
- §1331
- §1332
- §1333
- §1334
- §1335
- §1336 Right of owner to recover property and to prevent unlawful interference An owner can use, dispose of, and take the income from their property, and can demand its return from anyone holding it without right. This…
- §1337
- §1338
- §1339
- §1340
- §1341
- §1342
- §1343
- §1344
- §1345
- §1346
- §1347
- §1348
- §1349 Way of necessity over surrounding land If your land has no road access because other land surrounds it, you may cross neighbouring land to reach the public road, but you must…
- §1350
- §1351
- §1352
- §1353
- §1354
- §1355
- §1356
- §1357
- §1358
- §1359
- §1360 Co-owner's right to use, and to the fruits
- §1361 Each co-owner may freely dispose of, mortgage, or encumber their own share, but any act affecting the property as a whole requires the unanimous consent…
- §1362
- §1363
- §1364
- §1365
- §1366
- §1367 Possession, definition A person who holds a thing with intention to hold it for themselves acquires possession of it.
- §1368
- §1369
- §1370
- §1371
- §1372
- §1373
- §1374
- §1375 A possessor unlawfully deprived of possession may reclaim it within one year of dispossession, unless the other party holds a better right; after one year,…
- §1376 Returning property to the person entitled
- §1377
- §1378 Transfer of possession is effected by physical delivery of the property; constructive forms of delivery (such as delivery of documents) may also suffice where the…
- §1379
- §1380
- §1381 Change in character of possession by a representative possessor A person who holds property as a representative of the possessor (e.g., an heir managing the estate, or a buyer who paid but cannot yet…
- §1382 Adverse possession, ten years (immovable) / five years (movable) If you possess someone else's land peacefully, openly, and as if you owned it for ten unbroken years (five for movables), you become the legal…
- §1383
- §1384
- §1385
- §1386
- §1387 Servitude, definition A servitude is a real right by which one piece of land (the servient land) is subjected to a charge for the benefit of another…
- §1388
- §1389
- §1390 The servient landowner must not perform any act that reduces the utility of the servitude or makes it less convenient for the dominant owner to…
- §1391 Servitude over subdivided allotment When land is subdivided, any internal roads, drainage, or utilities serving multiple plots become a statutory servitude burdening the developer's retained land for the benefit…
- §1392
- §1393
- §1394
- §1395
- §1396
- §1397
- §1398
- §1399 A servitude is extinguished by non-use for ten continuous years; once extinguished, it cannot be revived and the servient land is free of the burden.
- §1400
- §1401 A servitude may be acquired by ten years' continuous, open, adverse use of the servient land, the adverse possession rules of section 1382 apply by…
- §1402 Right of habitation, definition A person granted the right of habitation may live, free of rent, in a dwelling on another's land, for a term that may extend to…
- §1403 Habitation, duration and transfer Right of habitation lasts for the period stipulated, the holder's lifetime, or 30 years maximum if no period is fixed. It is not transferable or…
- §1404
- §1405
- §1406
- §1407
- §1408
- §1409 Duties of a habitation holder, applying the hire rules
- §1410 Superficies, definition Superficies is the registered right to own buildings, structures, or plantations on another's land, separately from the land itself.
- §1411 Superficies, duration Superficies may be granted for a fixed term, for the life of the holder, or for the life of the landowner. A term exceeding 30…
- §1412
- §1413 Superficies, transfer and inheritance Superficies, unless restricted by the deed, is transferable inter vivos and transmissible by inheritance.
- §1414
- §1415 Superficies, extinguishment by abandonment The superficiary may abandon the right at any time. After 5 consecutive years of non-use, the right may also be extinguished by court order on…
- §1416
- §1417 Usufruct, definition Usufruct gives a person the right to possess, use, and take the fruits and income of someone else's immovable property, typically a house or land,…
- §1418 Usufruct: duration, and termination on death Usufruct may be granted for a fixed term up to 30 years, or for the holder's lifetime. The right cannot pass to heirs.
- §1419 Usufruct, usufructuary's obligations The usufructuary must use and enjoy the property as a careful person would, maintaining its substance and paying the ordinary expenses of upkeep.
- §1420 When a usufruct ends, the usufructuary must return the property in its original condition; they are liable for deterioration or destruction caused by their fault,…
- §1421
- §1422 Usufruct, subletting allowed The usufructuary may lease the property to a third party for a term not exceeding the usufruct's own duration.
- §1423
- §1424 The usufructuary must keep the property in its existing condition and is responsible for ordinary maintenance and minor repairs; significant repairs necessary for preservation fall…
- §1425
- §1426
- §1427
- §1428 Usufruct, extinguishment Usufruct extinguishes upon expiry of its term, the holder's death, abandonment by the holder, or destruction of the property.
- §1429 Right of charge, definition Right of charge, definition.
- §1430
- §1431
- §1432 Termination of the beneficiary of a charge
- §1433
- §1434