Introduction: Ownership of Property
Ownership is the right andexclusive authority over a thing. Ownershipof property consists of 3 real rights: usus, abusus, and fructus.
- Ususis the right to use a thing.
- Abusus is the right to dispose of a thing as long as it is not infringing upon health, safety and welfare.
- Fructus is the right to the fruits produced by or derived from a thing without diminution of the thing's substance.
The rights in property ownership are exclusive. The rights in property ownership include ownership, personal and predial servitudes, and such other real rights as recognized by law.
Types of rights in property ownership are real and personal rights. Real rights are allowable modifications of ownership; for example, upon the sale of property the new owner is subjected to the real right.
Ownership of property exists independently from the exercise of possession. Possession becomes ownership only if acquisitive prescription is at issue.
Transfer of Ownership
In order to transfer an immovable, a contract is required between the owner and the transferee purporting to transfer ownership. Transfer of an immovable occurs when filed with the registry office.
To transfer a movable there must be a contract between the owner and the transferee purporting to transfer ownership. Transfer of a movable occurs upon delivery unless otherwise indicated in the contract.
When a movable is in possession of a third party the assignment of the action for recovery constitutes a transfer of ownership to the party who then recovers.
Protection of Ownership
Owners are entitled to recover their property from anyone who possesses their property without the right to possess it.Constructions by bad faith possessors, which areinseparable improvements, cannot be removed. An owner is required to keep improvements made by a possessor (or tenant) and pay either the cost of materials or enhanced value of the immovable property. The owner may keep those things that will result in economic waste when removed or demolished.
Evicted possessors, regardless of good or bad faith,are entitled to recover compensation for necessary expenses for preservation of the property. Agood faith possessor is entitled to recover from the owner his useful expenses to the extent that they improved the land (enhanced the value of the thing).
Public Record Law
Anywritten act giving one a right to an immovable must be recorded to be enforceable against third parties. On the contrary,anything gained through acquisitive prescription does not have to be recorded.
As a seasoned expert in property law with a demonstrated depth of knowledge, I can confidently delve into the concepts presented in the article about the ownership of property.
The article begins by defining ownership as the right and exclusive authority over a thing, comprising three real rights: usus, abusus, and fructus. Usus is the right to use a thing, abusus is the right to dispose of it within certain limits, and fructus is the right to the fruits produced by or derived from the thing. These rights are exclusive and encompass ownership, personal and predial servitudes, and other real rights recognized by law.
The distinction between real and personal rights in property ownership is highlighted. Real rights are allowable modifications of ownership, such as the impact on the new owner in the case of property sale. Importantly, ownership of property is independent of possession, becoming ownership only in cases of acquisitive prescription.
The article then discusses the transfer of ownership, emphasizing the need for a contract to transfer immovables between the owner and transferee, with the transfer becoming official upon filing with the registry office. For movables, a contract is also required, and transfer occurs upon delivery unless otherwise specified.
The protection of ownership is a key aspect covered in the article. Owners have the right to recover their property from unauthorized possessors. In cases of constructions by bad faith possessors, inseparable improvements cannot be removed, and the owner must compensate the possessor for improvements.
Evicted possessors, irrespective of good or bad faith, are entitled to compensation for necessary expenses incurred for property preservation. A good faith possessor can recover useful expenses that enhanced the land's value from the owner.
The article concludes with a mention of the Public Record Law, stating that any written act conferring a right to an immovable must be recorded to be enforceable against third parties. However, anything gained through acquisitive prescription does not require recording.
In summary, the article provides a comprehensive overview of ownership rights, transfer processes, and protections, touching on legal concepts such as usus, abusus, fructus, real and personal rights, acquisitive prescription, and the Public Record Law in the context of property ownership.
