In Portugal, property rights are governed primarily by the Portuguese Civil Code. This code establishes the rules regarding possession, use, and transfer of assets. Property can be viewed in different legal forms, and there are several types of rights associated with it. Let’s look at the main concepts and categories:
Full Ownership Rights
This is the most complete right that one can have. With full ownership, the owner can:
Use: Do whatever they want with the asset (within what the law permits).
Enjoy: Benefit from the income generated by the asset (for example, renting out a house).
Dispose: Sell, donate, destroy, or modify the asset (again, within the limits set by law).
Example:
Full Ownership – When a person can live in, rent out, or sell a property, they have full ownership of that asset.
Usufruct
This is a right that allows someone to use and benefit from an asset that is not their own. (Refer to the Civil Code for details.)
Example:
A parent transfers the ownership of a house to their children but retains the usufruct, allowing them to live in the house until the end of their life.
Right of Use
This right allows someone to use an asset, but only for their own needs and those of their family.
*We are an Amazon afiliate Right of Habitation
This right is strictly for living purposes, and it is generally granted to a spouse who remains in the home after the death of their partner.
Example:
A widow may live in the house that belonged to her husband but cannot rent it out.
Superficies
With the right of superficies, one can build, maintain a construction, or plant on land that is not owned by them, thereby separating the ownership of the land from the ownership of the structure or planting on it.
Example:
A company can construct a building on land owned by someone else, provided there is an agreement in place.
Servitudes
These rights restrict what can be done on one property (the servient property) for the benefit of another (the dominant property).
Common examples include the right of way (using another’s land to pass through), water drainage, or securing a view.
Example:
A neighbor may have the right to pass through another person’s property to reach their home.
Horizontal Property
This applies to buildings divided into independent units (such as apartments). Each owner holds:
Ownership of their individual unit (e.g., an apartment).
Co-ownership of the common areas (e.g., staircases, elevators).
Example:
In a condominium, each resident owns their apartment and is also a co-owner of the roof and other communal areas.
Conclusion
Property rights in Portugal are quite diverse and are adapted to various situations—from full ownership to more limited rights like usufruct or servitudes. These concepts provide considerable flexibility in the use and management of assets, helping to balance individual and collective interests.
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