Horizontal Property Ownership and Usufruct in Spanish Civil Law
Meaning, Nature, and Horizontal Property Regime
Horizontal property ownership is unique because it combines two ownership types: exclusive ownership of individual apartments and common ownership of shared building elements. This system, regulated by Law 8/99 of April 6, which amended Law 49/1960 of June 21 on Condominiums, has specific rules. Further modifications were introduced by acts in 1992 and 1998.
As a special property form, it operates under specific rules, superseding general community property norms. A constitutive title, as per Article 5 of the Horizontal Property Law, is essential for establishing a condominium. This public document, registered in the Property Registry, details the entire building, including each floor and the landowner.
Key Distinctions Within Condominiums:
- Proprietary Elements: Units for independent use, exclusively owned by individuals.
- Common Elements: Shared areas like stairs, garages, elevators, and storage, as identified in the constitutive title. These elements can transition between proprietary and common ownership.
Share refers to the percentage representing each floor or unit’s value concerning the entire property. It signifies the individual’s ownership proportion. Decisions within the condominium, including those impacting neighbors’ burdens and benefits, are made through agreements requiring specific quorum.
Usufruct
Usufruct is the real right to enjoy another person’s property fully without altering its nature. This right grants the usufructuary (holder of the usufruct) the power to use and benefit from the property, but not to dispose of it. The owner retains the right to reclaim use and enjoyment upon the usufruct’s termination.
Key Characteristics of Usufruct:
- Real Right: Directly enforceable against anyone possessing the property.
- Temporary: Granted for a specific period or the lifetime of the usufructuary.
- Duty to Preserve: The usufructuary must maintain the property’s form and substance.
The law emphasizes that usufruct is not ownership but a right derived from it. The usufructuary enjoys the property’s benefits but cannot alter its fundamental nature or transfer ownership.
Subjects of Usufruct:
- Owner: Holds the legal title (naked ownership) but temporarily relinquishes use and enjoyment rights.
- Usufructuary: Entitled to use and benefit from the property. Can be an individual or a legal entity. Legal entities are limited to a maximum usufruct period of 30 years (Article 515 CC).
Object of Usufruct:
Usufruct can be established on various assets, including movable and immovable property, tangible and intangible assets, as long as they are:
- Appropriable
- Transferable
- Within the scope of commerce
- Capable of providing utility to the usufructuary
Termination of Usufruct:
Article 513 CC outlines the causes for usufruct termination:
- Death of the usufructuary
- Expiry of the agreed term
- Fulfillment of conditions stipulated in the title
- Merger of usufruct and ownership in one person
- Resignation of the usufructuary
- Total loss of the property
- Resolution of the constitutive right
- Prescription
Loss of Property:
- Partial Loss: Usufruct continues on the remaining portion.
- Usufruct on Land with Building: If the building is destroyed, the usufructuary can enjoy the land and materials.
- Usufruct on Building: If the building is destroyed, the usufructuary has the right to use the land and materials if the owner rebuilds. The owner must pay interest on the value of the land and materials.
- Insured Property: Specific rules apply depending on whether the usufructuary, the owner, or both hold the insurance policy.
Resolution of Owner’s Right:
In case of expropriation, Article 519 CC allows the owner to choose between:
- Continuing the usufruct on the new property received
- Receiving payment of legal interest on the compensation
- Terminating the usufruct
Cuasiusufruct:
Governed by Article 482 CC, cuasiusufruct applies to consumable goods. The usufructuary, upon consuming the goods, must return their value or provide equivalent goods to the owner. This concept is of limited significance in modern law.
Right of Use and Habitation
. are limited real rights (limiting the powers of the owner) And enjoyment (possession of the thing). They are similar to the usufruct, and specifically distinguish it within the following :——– who use the holder of this right has the right to enjoy and enjoy but not entitled to receive all fruits but the thing that generates only is entitled to the fruits that are necessary to meet user needs and family room —– the right gives its holder the room, the right to occupy a strange house the rooms necessary for themselves and their personal rights are familia.Estos, ie not be passed and all are compatible as apply the rules of usufruct. Today these rights are not very important but the gain in the case of occurrence of the dissolution of marital property and in cases of divorce, separation, nullity. Some say that it is included in these rights if some say no.