PROPERTY ROOT – WHAT IS IT?

The property belongs to a specific person who does not have possession, use or enjoyment.

The right to full property is divided into the right of root or mere property that remains in the ownership of the owner and the right of usufruct of which the usufructuary becomes the holder.

Is it possible to sell the Root?

Yes, it is possible. The owner has the power to transfer the root through a sale or donation, and can use it as collateral, for example, in a bank loan.

What are the rights of the owner of the Root of a property?

The owner of the Root has rights over the property and can sell it, but the buyer will only acquire the root of the property. In other words, the sale does not nullify the existence of the usufruct right, which only ends with the death of the usufructuary or when the established term for the usufruct ends.

What are the duties of the owner of the Root of a property?

The owner of the Root must carry out necessary major repairs and improvements on the property. For example: repairs to internal and external water and sewage pipes, construction defects, and similar issues.