Property Law
Property Law
This domain tests ownership, possession, transfer, registration, mortgage, easement, lease, partition and acquisition under the Muluki Civil Code 2074 and land revenue law. The exam often asks who holds enforceable title.
Core rules
- Ownership is the bundle of rights to use, enjoy and dispose of property within the law.
- Transfer of immovable property requires a lawful deed and registration; registration protects title against third parties.
- Possession is evidence of title but not conclusive proof of ownership.
- Mortgage, lease and easement create limited interests that may bind later buyers if properly created and registered.
- Partition and succession determine co-ownership shares; land revenue records must be updated.
Worked example
A sells land to B by a written deed, hands over possession, but never registers the deed. A later sells and registers the same land to C. B's possession does not defeat C's registered title. B may sue A for specific performance or refund, but B cannot claim ownership against C merely from possession. The reasoning is that registration is the statutory mode of transferring enforceable title in immovable property.
Traps
Treating possession as title is a frequent error. Ignoring tenancy, mortgage or easement entries can mislead the buyer. Do not assume an unregistered deed transfers ownership against third parties. Check whether the transfer needs consent, tax clearance or land revenue approval.