Property Rights: Acquisition, Loss, and Legal Processes

Posted on Feb 14, 2025 in Law & Jurisprudence

Property Rights: An Overview

T2-DER. D PROP. Property right is the right to enjoy and dispose of one’s property without limitations. Classes include public, private, furniture, real estate, and special properties.

Acquisition of Property

Property can be acquired through:

  • Occupation
  • Gift
  • Inheritance
  • Contracts by tradition
  • Acquisitive prescription
  • Accession

Loss of Property

Property can be lost through:

  • Abandonment or statute of limitations
  • Expropriation
  • Involuntary loss

Possession and Leasehold

Possession: The right to use and have property copyrighted.

Leasehold: The right to build on neighboring soil, endorsing the property built.

Building on Land Without Consent

If building occurs on land without the owner’s consent (in good faith, due to a mistake), the builder may acquire the land by paying for it or compensating for the invaded area. Bad faith acquisition may result in demolition of the built structure.

New Oral Trial (Suspension)

Aims to get the stay of a new work. Procedure:

  1. Interposition of demand to the judge
  2. Admissibility of the work suspension, injunction
  3. Citation for verbal trial (10-20 days), possibility to perform work vital to the conservation of the edifice
  4. Trial celebration
  5. Sentencing

Tumbledown Works

Purpose: To petition the court for the demolition of a construction or debris in a state of ruin. Objective: Urgent adoption of measurements to evade damage, partial or total demolition of work in ruins. Procedure analogous to the new building.

Disclaimer

A formal act of determining and distinguishing the boundaries of a property over other rural land. Land liability causes restore the edge of a farm and split up, restore boundary between several farms due to diffuseness.

Background Information

  • Property title
  • Title of neighboring property
  • Cadastre and property records
  • Testimony from the elderly
  • Conjectures on the terrain

Solar Disclaimer

Individuals:

Friendly:

  1. Petition for demarcation
  2. Designation of expert
  3. Investigative work
  4. Provisional work
  5. Presentation
  6. Confirmation act of demarcation; if no conformity, proceed to measurement of land

Judicial (no agreement between parties):

  1. Interposition of demand for demarcation
  2. Summons of parties before the court
  3. Practice of boundary delimitation
  4. Notarization act
  5. Minutes

Official Disclaimer

Official determination of the alignment between a particle itself and a public entity:

  1. Citation of the property
  2. Property surveying practice

Demarcation point by the pillars of the farm materials limited conical or pyramid of great size and weight at each corner placement or perm maximum distance of 500m.

Property Record

An institution that publishes reports in a public, solemn, and reliable manner, indicating who owns the property and any charges or encumbrances on the immovable property.

Principles

  • Voluntary, guarantees property rights
  • The buyer in good faith is maintained in its acquisitions over others once you’ve registered your public right
  • Everything inscribed on the Register is assumed to be true and accurate

Cadastre

Administration dependent on the Ministry of Finance. National Law governing real estate Cadastre 2002. Describes rustic and urban buildings with appropriate planimetric information that serves as the base of the corresponding imposed contribution.

Governed by: location, surface area, intended use, quality of construction, cadastral value, cadastral holder. Cadastre Registry prevails.