Tacit Hypothec
A common-law right allowing a landlord to hold a tenant’s movable property as security for unpaid rent.
Example: A tenant leaves furniture in a rented property after failing to pay rent; the landlord can use tacit hypothec to secure the overdue payment.
READ MORE ON TACIT HYPOTHEC HERE
Usufruct
A right granted to an individual to use and benefit from a property owned by another, often without altering its essential character.
Example: A mother grants her son usufruct rights to her house, allowing him to live there while she retains ownership.
Pactum de Non Cedendo
A clause in a contract prohibiting the transfer of certain rights, such as lease agreements, without the owner’s consent.
Example: A lease agreement includes a pactum de non cedendo clause, preventing the tenant from subletting the property.
Expropriation
The process where the government acquires private property for public use, often with compensation.
Example: A municipality expropriates farmland to build a public road, compensating the landowner for its market value.
Dominium
Refers to full ownership rights over a property, encompassing both use and control.
Example: A homeowner with dominium can decide to sell, lease, or build on their property without restrictions.
Fideicommissum
A legal arrangement used in wills or deeds, requiring property to be held and transferred according to specific conditions or timelines.
Example: A grandparent’s will includes fideicommissum, ensuring that a farm remains in the family for future generations.
Sub Divisio
Refers to the subdivision of a property into smaller portions, often requiring municipal approval and compliance with zoning laws.
Example: An owner subdivides a large plot into smaller sections to sell individually as residential lots.
Nemo Plus Iuris
The principle that one cannot transfer greater rights in property than they possess.
Example: A tenant tries to sell the rented property but is stopped because they lack ownership rights.
Servitus (Servitude)
A limited real right granting someone use of another’s property for a specific purpose.
Example: A neighbor has a servitude allowing them to use your driveway for access to their property.
Res Nullius
Property that has no owner and can be claimed by the first person to possess it.
Example: An abandoned plot with no registered owner is claimed by someone who files for ownership through proper legal channels.
Ius Accessionis
The principle that anything attached to or built upon a property becomes part of the property.
Example: A fence installed on a property becomes the legal property of the landowner, even if paid for by a tenant.
Actio Rei Vindicatio
A legal action enabling an owner to reclaim possession of their property from someone unlawfully occupying or holding it.
Example: A landlord uses actio rei vindicatio to evict squatters from their property.
Habitatio
A specific form of servitude granting an individual the right to live in a house owned by someone else.
Example: A retiree is granted habitatio by her daughter, allowing her to live rent-free in a separate flat on the property.
Lex Commissoria
A clause in a sale agreement allowing the seller to cancel the sale if the buyer defaults on payments.
Example: A property seller cancels the transaction after th
e buyer fails to pay the agreed deposit.
Superficies Solo Cedit
The principle that structures built on land are considered part of the land and owned by the landowner.
Example: A tenant constructs a shed on rented land, but the shed becomes the property of the landowner when the lease ends.