Property Law Actions – Enforcing Property Ownership Rights [Part 1/2]

Property Law Actions

This is the first part of a 2-part series on property law actions emanating from civil law in respect to the notions of ownership and possession. Ownership and possession are two distinct notions which although may intertwine, offer different legal avenues to defend the title to property.

Actiones petitoriae are legal actions which establish the existence of property rights, real rights.

Actio rei vindicatoria is not a judicial remedy which is expressly mentioned in our law and is derived from Roman law. A successful outcome would entail the enforcement of a person's real right against a third party currently in possession of the property, in order to regain possession. However, the possession held by the third party must be proved to be against the will of the owner. Hence, the owner would have to prove the following: