Types of Limited Rights in Rem and Their Effect on Ownership

Legal Article · 12 November 2026
Thomas Andreas Di Constantinople, Attorney at Law

A limited right in rem confers a power over property defined by law without transferring ownership. Easements, land charges and security rights are the principal groups in this system. The holder's entitlement does not combine all the powers conferred by ownership. Depending on the type and scope of the right as established, it grants a particular power of use, enjoyment or security.

Powers of Use and the Security Function

Unless otherwise provided, usufruct confers full enjoyment of its subject matter. A right of habitation concerns use of a building or part of it as a dwelling. An easement appurtenant to land imposes an obligation to tolerate certain uses or refrain from exercising certain powers for the benefit of another property. These rights do not all produce the same legal consequence and cannot be used interchangeably.

The basic function of a security right is to secure a claim against the value of property. Mortgaging immovable property does not make the creditor its owner. Upon non-performance of the debt, the security takes effect within the statutory rules on enforcement and realisation. A land charge is also a distinct type of right in rem regulated by law; it is not identical to an ordinary personal obligation.

The creation of limited rights in rem over immovable property generally requires registration and compliance with the applicable official form. Statutory exceptions are determined separately for each type of right. Even if the owner transfers the burdened property, a valid right in rem generally continues over it. Its duration, priority, scope and grounds for termination must therefore be examined separately. The name used in an agreement alone is insufficient to establish the transaction's effect in rem.

This article has been prepared for general legal information.