Limited duty

Ownership is the most comprehensive right. It allows you to do almost anything with what you own. However, you have to take others into account and there are provisions in the law that limit your powers.

It is possible to transfer parts of the power to someone else or to give someone else certain rights to what you own. Such rights are called limited rights. Limited rights are thus derived from a more comprehensive right.

When a limited right is derived from an immovable property, such a right can be a right in rem. A right in rem remains on the right from which it is derived even if the principal right is transferred.

Examples of limited rights include usufruct, pledge, mortgage, easement, ground lease, and building lease.

For more information on limited rights and rights in rem, please contact us. We will be happy to help.