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?

Real property Signup and view all the answers

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

Rights in rem Signup and view all the answers

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

To retrieve property wrongfully dispossessed. Signup and view all the answers

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

Action to Establish Property Boundaries Signup and view all the answers

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

Benefited property Signup and view all the answers

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

Action for Recovery of Possession Signup and view all the answers

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

Livestock easement Signup and view all the answers

What type of right does a timeshare represent?

Shared ownership model providing allotments of usage. Signup and view all the answers

Which situation can lead to the termination of an easement?

Merger of ownership Signup and view all the answers

What is an easement in property law?

An encumbrance on one parcel of land benefiting the owner of another. Signup and view all the answers

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

Emphyteusis Signup and view all the answers

What do surface rights allow a property owner to do?

Use, control, and occupy the surface of the land Signup and view all the answers

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

Action to Establish Ownership Signup and view all the answers

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

Usufruct Signup and view all the answers

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

Mortgage Signup and view all the answers

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

Easement 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?

Antichresis Signup and view all the answers

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

Sale of the benefited property Signup and view all the answers

What is a pledge in the context of personal property?

A bailment that conveys possessory title to property to secure repayment for a debt. Signup and view all the answers

Which of the following best describes pre-emption rights?

The right of an existing shareholder to purchase shares before they are offered to others. Signup and view all the answers

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

The right of first refusal allows immediate purchase, while the right to set aside allows revoking a sale afterward. Signup and view all the answers

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

Rights of first refusal. Signup and view all the answers

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

The right to revoke a completed sale or conveyance. Signup and view all the answers

Which right allows an owner to mark property boundaries?

Right to survey property Signup and view all the answers

What is one way ownership can be lost?

Expropriation by the government Signup and view all the answers

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

A limitation for public or communal use Signup and view all the answers

Which form of property acquisition involves taking possession without consent?

Adverse possession Signup and view all the answers

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

Expropriation Signup and view all the answers

Which right is associated with relinquishing ownership of property?

Right to relinquish Signup and view all the answers

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

Judicial foreclosure Signup and view all the answers

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

Actual transfer of property from one person to another Signup and view all the answers

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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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.