4. Property Law
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Questions and Answers

Which term describes the permanent attachment of personal property to real property?

  • Personality
  • Fixtures (correct)
  • Intangible property
  • Chattels

    • What distinguishes original acquisition from derivative acquisition?

  • Original acquisition involves transfer between owners.
  • Original acquisition occurs when property is first owned. (correct)
  • Derivative acquisition arises from wrongful taking.
  • Derivative acquisition involves property that has never been owned.

    • Which of the following is NOT a reason for losing possession over property?

  • Transfer with valuable consideration
  • Abandonment
  • Dispossession
  • Public property ownership (correct)

    • What type of property includes land and buildings?

    <p>Real property (D)</p> Signup and view all the answers

    Rights in property that are often referred to as property rights are commonly known as what?

    <p>Rights in rem (B)</p> Signup and view all the answers

    What is the purpose of an Action for Recovery of Possession?

    <p>To retrieve property wrongfully dispossessed. (A)</p> Signup and view all the answers

    Which action is specifically designed to define and mark property boundaries?

    <p>Action to Establish Property Boundaries (B)</p> Signup and view all the answers

    What does the term 'predio/fundo/heredad dominante' refer to?

    <p>Benefited property (C)</p> Signup and view all the answers

    Which of the following is NOT considered a limited right in property?

    <p>Action for Recovery of Possession (B)</p> Signup and view all the answers

    Which of the following is a type of easement that allows for the movement of livestock?

    <p>Livestock easement (B)</p> Signup and view all the answers

    What type of right does a timeshare represent?

    <p>Shared ownership model providing allotments of usage. (C)</p> Signup and view all the answers

    Which situation can lead to the termination of an easement?

    <p>Merger of ownership (D)</p> Signup and view all the answers

    What is an easement in property law?

    <p>An encumbrance on one parcel of land benefiting the owner of another. (D)</p> Signup and view all the answers

    What type of property right involves the payment of an annuity in exchange for ownership rights?

    <p>Emphyteusis (D)</p> Signup and view all the answers

    What do surface rights allow a property owner to do?

    <p>Use, control, and occupy the surface of the land (D)</p> Signup and view all the answers

    Which action can be filed to establish ownership of real property against a disputing party?

    <p>Action to Establish Ownership (B)</p> Signup and view all the answers

    What term is often referred to as a form of beneficial interest in property?

    <p>Usufruct (B)</p> Signup and view all the answers

    In Spain, what is a standard method of securing a loan for real estate purchase?

    <p>Mortgage (D)</p> Signup and view all the answers

    Which of the following rights grants the ability to use a property for a specific purpose without ownership?

    <p>Easement (A)</p> Signup and view all the answers

    Which term refers to the legal rights and privileges involving the transfer of possession from a debtor to a creditor?

    <p>Antichresis (C)</p> Signup and view all the answers

    What is NOT a reason for the termination of an easement?

    <p>Sale of the benefited property (B)</p> Signup and view all the answers

    What is a pledge in the context of personal property?

    <p>A bailment that conveys possessory title to property to secure repayment for a debt. (C)</p> Signup and view all the answers

    Which of the following best describes pre-emption rights?

    <p>The right of an existing shareholder to purchase shares before they are offered to others. (A)</p> Signup and view all the answers

    What differentiates the right of first refusal from the right to set aside a sale?

    <p>The right of first refusal allows immediate purchase, while the right to set aside allows revoking a sale afterward. (D)</p> Signup and view all the answers

    Which of the following terms is synonymous with pre-emption rights?

    <p>Rights of first refusal. (C)</p> Signup and view all the answers

    What does the term 'derecho de retracto' refer to?

    <p>The right to revoke a completed sale or conveyance. (B)</p> Signup and view all the answers

    Which right allows an owner to mark property boundaries?

    <p>Right to survey property (C)</p> Signup and view all the answers

    What is one way ownership can be lost?

    <p>Expropriation by the government (D)</p> Signup and view all the answers

    What does the term 'easement' refer to in property rights?

    <p>A limitation for public or communal use (D)</p> Signup and view all the answers

    Which form of property acquisition involves taking possession without consent?

    <p>Adverse possession (D)</p> Signup and view all the answers

    What is the correct term for government powers to take private property for public use?

    <p>Expropriation (B)</p> Signup and view all the answers

    Which right is associated with relinquishing ownership of property?

    <p>Right to relinquish (C)</p> Signup and view all the answers

    Which of the following can limit the use of one’s property?

    <p>Judicial foreclosure (D)</p> Signup and view all the answers

    What does 'delivery' refer to in the context of acquiring property?

    <p>Actual transfer of property from one person to another (B)</p> Signup and view all the answers

    Flashcards

    Property

    Ownership of things, goods, or assets, including a bundle of rights that a person may have over a property.

    Public Property

    Property owned by the government or public entities.

    Private Property

    Property owned by individuals or private organizations.

    Tangible Property

    Physical objects that can be touched, seen, and possessed.

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    Intangible Property

    Abstract rights, interests, or concepts that cannot be touched or seen but are still valuable.

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    Right to Survey and Mark Boundaries

    The right to establish and mark the boundaries of one's property, typically done through surveying and marking.

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    Right of Enjoyment

    The right to use and enjoy the benefits of one's property, including living on it, renting it out, or deriving income from it.

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    Right to Enjoy Proceeds

    The right to receive any profits or benefits generated from the property, such as rent, crops, or mineral rights.

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    Right of Disposition

    The right to sell, transfer, or otherwise dispose of one's property, including inheritance or donation.

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    Right to Relinquish Ownership

    The ability to legally give up ownership of a property voluntarily, effectively relinquishing all rights.

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    Right to Encumber Property

    The right to place a financial burden or claim on a property, such as a mortgage or lien, to secure a debt.

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    Expropriation

    The process by which the government forcibly acquires private property for public use, often for infrastructure or development projects.

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    Easement

    A legal right that allows someone to use another person's property for a specific purpose, such as access or utility lines.

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    Action for Recovery of Possession

    An action taken by an owner to regain possession of property that was wrongfully taken from them.

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    Action to Establish Ownership

    A legal process to formally prove ownership of property.

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    Action to Establish Clear Title

    Used to clear any claims that the property has limitations or burdens on it.

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    Action to Establish Property Boundaries

    A legal process to determine or mark the exact boundaries of a piece of land.

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    Enjoyment Rights

    Rights in property that grant the holder the right to use or enjoy a specific aspect of the property, but not full ownership.

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    Usufruct

    The right to use and enjoy a property for a specified period of time, often for enjoyment or gain from that property.

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    Timeshare Rights

    A shared ownership model of vacation real estate where multiple purchasers own allotments of usage in the same property. This means they have the right to use the property for a specific period of time during the year.

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    Dominant Estate

    A property that benefits from an easement. It has the right to use the servient estate for a specific purpose.

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    Servient Estate

    A property that is burdened by an easement. It must allow the dominant estate to use it for a specific purpose.

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    Annuity Rights

    An annuity paid in exchange for ownership or lesser rights in a property. It's similar to rent, but paid for a specific duration.

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    Surface Rights

    The right to use the surface of a piece of land for various purposes, such as building, developing, or cultivating, while ownership remains with someone else.

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    Mortgage

    A type of loan secured by real estate. The borrower agrees to pay the lender over time in installments, and the property serves as security for the debt.

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    Antichresis

    A written agreement where a debtor gives possession of property to a creditor in exchange for the right to use the property's income to reduce the debt.

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    Mortgage Loan

    A type of loan or debt secured by real estate. The borrower agrees to pay the lender over time in installments, and the property serves as security for the debt.

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    Pledge (Prenda)

    A bailment where a debtor (pledgor) gives possessory title of their personal property to a creditor (pledgee) as security for a debt. This benefits both parties, as the creditor has collateral and the debtor can continue using the property.

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    Purchase Option (Opción de compra)

    The right to acquire a specific asset or property at a predetermined price within a set time period.

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    Right of First Refusal (Derecho de tanteo)

    The right of an existing shareholder to buy a fellow shareholder's shares first, before they can be sold to a third party. This can be by law or contract.

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    Right to Set Aside a Sale (Derecho de retracto)

    The right to cancel a sale or transfer after it's finalized. This right allows the owner to reclaim their property under certain conditions.

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    Pre-emptive Rights

    A general term for legal rights that give a person the priority or advantage to buy something before others, often relating to property or shares.

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    Study Notes

    Property Law - Introduction

    • Property law deals with ownership of things, goods, or assets.
    • It can be viewed as a "bundle of rights" a person has over a property.
    • There are distinctions between public and private property, as well as tangible/corporeal and intangible/incorporeal property.
    • Real property (immovable property) includes land and buildings.
    • Personal property (movable property) includes items like watches and tables.
    • Fixtures are items of personal property permanently attached to real property (e.g., built-in wardrobes).
    • Rights over property, also called property rights or rights in rem, are often called property rights or rights in rem.
    • Ownership (propiedad) typically implies a title (dominio) over the property.

    Possession and Acquisition of Possession

    • Possession can be as an owner, or without a title.
    • Dispossession involves the wrongful taking of possession (despojo).
    • Acquisition can be original (when property has never been owned) or derivative (when transferred).
    • Loss of possession can be due to abandonment, transfer, destruction/loss, or wrongful deprivation.

    Ownership of Property - Rights

    • Certain rights are linked to ownership, including the right to survey and mark boundaries.
    • Right to enjoyment of property (e.g., use, enjoyment of fruits), rights of disposition, and rights to relinquish.
    • Rights to encumber property (e.g., liens, encumbrances)
    • Ownership rights can be lost due to various issues, such as destruction of the property or relinquishment.

    Ownership of Property - Limits

    • The use and enjoyment of property can be limited by government decisions (e.g., debt, disputes between neighbours).
    • Expropriation (also known as compulsory purchase in the UK or condemnation in the US) is a government power to take private property for public use.
    • Non-payment of debts can lead to judicial sale of property (e.g., mortgage foreclosure).
    • Easements are limitations allowing another party to use part of the property for a specific use (e.g., public or communal).

    Ownership of Property - Acquisition and Transfer

    • Occupancy or appropriation (ocupación).
    • Accession (accessing).
    • Adverse possession (usucapión, acquisitive prescription).
    • Delivery (Tradition/traditio, transfer by delivery).

    Protection of Title to Property

    • Actions to recover possession (Acción reinvindicatoria): reclaiming wrongfully taken property.
    • Establishing ownership (Acción declarativa de dominio); establishing ownership against disputing claims.
    • Actions to establish clear title (Acción negatoria): establishing property rights against encumbrances.
    • Actions to establish property boundaries (Acción de deslinde); determining exact boundaries of land.

    Limited Rights in Property

    • Enjoyment Rights: Usufruct (beneficial interest, beneficial ownership), usage rights, habitation rights, timeshare rights.
    • Easements: Encumbrances imposed on one piece of land, benefiting another (e.g., water rights, access easements).
    • Surface Rights: Rights regarding the use and control of the surface of land.
    • Annuity rights (Censos): Payments made in exchange for ownership or lesser rights.
    • Emphyteusis: Granting of beneficial ownership reserving payment over a period.

    Security Rights in Spain

    • Mortgages (Hipoteca inmobiliaria): Loans secured by real estate.
    • Antichresis: Immovable property pledged to secure a debt's repayment.
    • Pledges (Prenda): Bailment of personal property to secure debt.

    Preferential Acquisition/Pre-emptive Rights

    • Purchase options; right to purchase a property during a specific time.
    • Pre-emptive rights (right of first refusal): right to buy before a third party.
    • Right of Revocation: right of revoking a sale after completion.

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    Tema 4. Property Law PDF

    Description

    This quiz covers the basics of property law, focusing on the concepts of ownership, types of property, and the nuances of possession. Dive into definitions of real and personal property, and understand the rights associated with property ownership. Perfect for those starting their journey in property law.

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