Lecture

Real Property Rights II: Land Charges and Pledges

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In course

ENV-460: Land management and ground law

Ce cours présente les fondements du droit foncier et les apports des principaux instruments de gestion foncière pour la mise en œuvre du développement territorial. ...

Description

This lecture covers the concept of land charges and pledges, focusing on the specifics of real property rights. It delves into the nuances of land charges, the effects of land charges, and the principles of pledges. The instructor explains the accessory nature of pledges to a claim, the determination of the property subject to a pledge, and the distribution of guarantees over multiple properties. Additionally, the lecture discusses the constitution of real property pledges through legal acts, unilateral decisions of owners, and legal provisions. It also explores the extent of the pledge's commitment to the property, including servitudes, constructions, and natural fruits, as well as the realization of pledges and the ranking of real property pledges.

Official source

Related concepts (11)

Real property

In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, roads, and other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes.

Property tax

A property tax (whose rate is expressed as a percentage or per mille, also called millage) is an ad valorem tax on the value of a property. The tax is levied by the governing authority of the jurisdiction in which the property is located. This can be a national government, a federated state, a county or other geographical region, or a municipality. Multiple jurisdictions may tax the same property. Often a property tax is levied on real estate. It may be imposed annually or at the time of a real estate transaction, such as in real estate transfer tax.

Property rights (economics)

Property rights are constructs in economics for determining how a resource or economic good is used and owned, which have developed over ancient and modern history, from Abrahamic law to Article 17 of the Universal Declaration of Human Rights. Resources can be owned by (and hence be the property of) individuals, associations, collectives, or governments. Property rights can be viewed as an attribute of an economic good.

Property

Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights.

Property law

Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law.

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