Legal definitions

Published by : dl

Legal definitions

In this section, we define various terms related to the legal aspects of real estate ownership.

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Right of purchase

The right of purchase is a contract that gives its holder the power to buy a property in the future. The right of purchase (or pre-contract) does yet bring forth a transfer of property.

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Right of emption

The right of emption gives the contractholder the ability to acquire a property at a later date under the conditions stated in the contract.

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Right of pre-emption

The right of pre-emption gives its holder preference in buying a particular property should the owner wish to sell it to a third party.

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Right of redemption (repurchase option)

The right of redemption entitles the seller to repurchase, at a given time and under specified conditions, a property that they have sold.

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Donation, Exchange, Estate Distribution

The donation (CO art. 242/243) and exchange (CO art. 237/216) of real estate must be executed via notary in order to be valid, unlike in the case of estate distribution, where written form is sufficient (CCS art. 634).

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Acquisition of property by operation of law

When the ownership of a property is transferred by operation of law (inheritance, foreclosure, expropriation, occupation, prescription), the acquisition is not entered in the land register.

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Land properties

A land property is composed of a demarcated parcel of land surface (CSS art. 667 et seq.).

Vertically (i.e. perpedicular to the ground in the direction of the sky and the center of the earth), the extent of the land property is depends on the owner's interests.

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Co-ownership share

Ownership by floor or condominium ownership is a particular form of co-ownership that also represents a real estate property. Its particularity lies in the fact that the co-owner has the exclusive power to administer, use, and improve some parts of the building that are considered private.

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Right of land occupancy

The right of land occupancy entitles persons to build on land that does not belong them (CSS arts. 779, 799 a-1).

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