Glossary of Terms
Immovable Property: Property that can’t be moved, like land or buildings. It also includes rights that come with owning it.
Mineral Ownership: Owning the rights to the minerals (like oil or gas) under the ground.
Mineral Servitude: The right to look for and collect minerals from someone else’s land.
Co-Ownership: When two or more people own a property together.
Partition by Licitation: Selling a shared property through a court when dividing it isn’t possible.
Usufruct: The right to use and enjoy someone else’s property without damaging it.
Perfect Ownership: Owning a property completely, including the right to use it, rent it, or sell it.
Timeshare Interest: A property you own or rent to use for a certain amount of time each year.
Conservation Servitude: Rules that protect a property’s nature, scenery, or history.
Acquisitive Prescription: Getting ownership of a property by taking care of it and using it for a certain number of years.
Frequently Asked Questions (FAQ)
What is the difference between owning property and owning minerals? Owning property means you own the land and what’s on it. Owning minerals means you only own the stuff under the ground, like oil or gas, and it can be separate from owning the land.
What can co-owners of a property do? Co-owners can use the property, make decisions about it, and even sell their share. If they don’t agree, they can ask a court to help divide or sell it.
What is a mineral servitude? It’s the right to go on someone else’s land to look for and collect minerals, like oil or gas.
Do co-owners have to keep owning a property together? No, any co-owner can ask to divide or sell the property if they don’t want to share anymore.
What is a usufruct? A usufruct lets you use and enjoy someone else’s property, like living in a house or growing crops, without owning it.
What happens when mineral rights are separated from land ownership? If someone else owns the mineral rights, they can explore and collect the minerals. The landowner can only stop them if they’re being unreasonable or if they agreed earlier that the land wouldn’t be used for this.
What is acquisitive prescription? It’s when someone takes care of and uses a property for many years, and then they can legally own it.
What is a conservation servitude? It’s a rule that helps protect a property’s nature, like keeping it a forest or preserving its history.
What kinds of timeshare properties are there? Some timeshares let you own part of a property, while others let you stay there for a set time without owning it.
What happens if co-owners can’t agree on what to do with a property? If they can’t agree, they might divide the property into separate parts for each owner, if that’s possible. If dividing isn’t practical, the court might sell the property and split the money between them.
Cross-References
Look at "Mineral Servitude" in the Glossary for FAQ #3.
See "Partition by Licitation" in the Glossary for FAQ #4 and #10.
Check "Usufruct" in the Glossary for FAQ #5.
Refer to "Conservation Servitude" in the Glossary for FAQ #8.