What is the Full Domain of a Property?

Characteristics of full ownership

Full ownership is characterized by being a comprehensive, exclusive, responsible, and lasting right. Below, we break down the main characteristics of this title:

1. Comprehensiveness: Full ownership is granted to the owner all the rights that can be exercised over a propertyThese rights include the right to use, enjoy, and dispose of the property. There are no limitations on the decisions the owner can make, as long as they respect the law.
2. Exclusivity: Only the owner of the full domain has the power to decide on the fate of the property. No other person may intervene without your consent., unless permitted by law, such as in cases of expropriation or situations involving easements.
3. Liability: The owner of the full ownership is responsible for the maintenance and upkeep of the propertyThis includes the payment of taxes, fees, and any other obligations associated with the property.
4. Durability: Full domain It is a perpetual rightAs long as there are no legal changes (such as expropriation or sale) or the property is not transferred by the owner, this right is maintained over time.

Components of full ownership

Full ownership is not a single concept, but is composed of different elements that can be broken down into two fundamental rights: bare ownership and usufruct.

Bare ownership is the right of ownership over a good, but without the ability to enjoy itIn other words, the owner of the bare ownership has control over the property, but cannot use it or obtain benefits from it, since these rights are reserved to the usufructuary.

On the other hand, usufruct is the right to enjoy the benefits of a property without being its full owner. The usufructuary has the right to live in the property, rent it out, or enjoy its fruits, but You cannot sell it or substantially modify it.

Bare property

As we just mentioned, bare ownership is a right that the owner has over a property, but without the right to enjoy it. This right remains intact, although it does not allow the owner to obtain immediate benefits, such as personal use or rental of the property. This right is relevant when we talk about sale of the bare property, a transaction in which the owner transfers the bare ownership to another person, but retains the rights of use and enjoyment (usufruct).

If you are interested in exploring more about the sale of bare ownership, you can consult our Main post on bare ownership, where we explain how to proceed during this type of transactions.

Usufruct

Usufruct is a right that allows a person to enjoy the benefits of a property without being its owner. The usufructuary may live in the property, rent it out, or use it to generate income, but does not have the power to sell or transfer itIt is very common for this right to arise in inheritance situations, where the usufructuary can enjoy a property during his or her lifetime, while the bare ownership is transferred to another person.

As in the previous section, if you wish learn more about usufruct, we invite you to read our full article on usufruct and its implications.

Differences between full ownership, bare ownership and usufruct

Although full ownership, bare ownership and usufruct are closely related, each of these concepts implies different rights and responsibilities. that make them different from each other:

• Full ownership: The owner has the total control of the propertyHe owns the rights of use, enjoyment, and disposal. There are no limitations on his power over the property.
• Bare ownership: The owner of the bare ownership is the legal owner of the property, but does not have the right to enjoy it. This right is restricted to the sale or transfer of usufruct, which, if acquired, the bare owner would acquire full ownership.
• Usufruct: The usufructuary has the right to use and enjoy the property, but is not the full owner. He cannot sell it or permanently modify it, and his right ends with your death or when the agreed conditions are met.

Let's consider a hypothetical case of inheritance in which a father and full owner has died. The children could become bare owners of the property, while the mother would be usufructuary for the rest of her life.

Rights and obligations of the owner of the full domain

The owner of a freehold has a series of rights and obligations over the property. These rights include:

• Right of use and enjoyment: The owner has the capacity to use the property in any way you wish.
• Right of disposal: The owner may sell, rent or mortgage the property.
• Right of inheritance: The holder may transfer ownership by inheritance.

As for obligations, the most important ones would be:

• Maintenance and upkeep: The owner must keep the property in good condition.
• Payment of taxes: The owner of the freehold must pay property-related taxes such as, for example, the IBI (Property Tax).

How to acquire full ownership

There are several legal alternatives for acquiring full ownership of a property. Among the most common methods are:

1. Sales Deed: The most common way to acquire full ownership is through the purchase and sale of a property. The buyer pays a agreed price to the seller and becomes the new owner of the good
2. Inheritance: If a person dies leaving property, The heirs acquire full ownership of the property, subject to the conditions established by the will or the law.
3. DonationIn some cases, full ownership may be transferred by donation. A donation implies that the owner transfers his or her ownership to another person. without receiving anything in return.

It's also worth noting that to acquire full ownership, the agreement must be formalized in a public deed and registered in the Property Registry.

Advantages and disadvantages of full ownership

As with everything in life, the greater the responsibility you take on for something, the, the greater the benefits, as well as the obligations and commitmentThese are the advantages of holding this title:

• Full control over the property: As we have already mentioned above, the owner has the right to use it, enjoy it and dispose of it as you wish, combining the privileges of the usufructuary and the bare owner.
• Flexibility in use: It can be rented, sold or modify the property without restrictions.
• Legal security: Full ownership grants a clear legal protection of property.

On the other hand, we find the following disadvantages:

• Responsibility: The owner must assume maintenance costs and tax obligations.
• Lien risk: If the owner does not manage the property properly, it may accumulating debts or legal problems related to housing.

Examples of full domain

Finally, we'd like to illustrate this concept so you can become more familiar with it. First, let's imagine a man named Pepe buying a property. We've already mentioned that one of the most common ways to acquire full ownership is through a traditional sale. Pepe could live in the house, rent it out, or sell it in the future without any restrictions.

If we go back thirty years into the future, we would find the following example. Pepe had a very good life, sold his property, and decided to retire to a beautiful country estate. After his death, his daughter Ana inherited the property and became the new owner of the full ownershipShe also has the right to use the property for living or renting it out.

In both cases, the owners have full control over their properties, being able to exercise all rights related to them.

This article has provided an analysis of the concept of full ownership, comparing it with bare ownership and usufruct, and offering practical examples. If you are interested in selling bare ownership, please do not hesitate to contact us; we will be happy to assist you. offer you advice and counsel taking into account your particular situation.