Property Law and Real Estate Transactions
Rights in rem and registration
Know the catalogue of rights in rem - ownership, right of use, servitude, mortgage, and others - and the principle that rights over immovable property arise, transfer, and terminate upon state registration. The trap: confusing the notarial certification of a transaction with the registration that transfers title. The notary certifies; the cadastre registers. Between the two, the acquirer has a claim, not ownership.
Ownership and its limits
Cover acquisition grounds, co-ownership (shared vs joint, pre-emption rights of co-owners), boundary and neighbour issues, and the protection of good-faith acquisition. Questions often test whether a buyer from a non-owner can acquire ownership - the answer depends on statutory good-faith rules and registration.
Real estate transactions
Master the anatomy of sale, gift, exchange, lease, and mortgage of immovables. For each: required form, essential terms, encumbrances, and the notary's duty to verify title, absence of arrest or prohibition, and consent of a spouse where the property is marital. Cover the mortgage deed and the mortgage inscription that gives enforcement force.
Traps
(1) Ignoring registered encumbrances that survive the transaction. (2) Overlooking the spouse's consent for a jointly owned immovable. (3) Treating a preliminary agreement as transferring rights. (4) Assuming a lease of immovables requires the same form as sale - check the statute.
Rule of thumb
'Title → Encumbrances → Consent → Form → Registration.' Verify in that order; each step can independently block certification.
Worked example: A seller presents a clean title certificate but the property was acquired during marriage. The notary must obtain the spouse's notarised consent (or a document showing separate property); without it the sale cannot be certified, even though the cadastre shows the seller as sole owner.