Civil Law and Land Titles and Deeds › Property, Ownership, and its Modifications › Classification of Property

2. According to Ownership

What are the KINDS OF OWNERSHIP?

Ownership according to its extent or number of owners

  • Full ownership (dominium or jus in re propria) comprises all the rights of an owner.
  • Naked ownership (nuda proprietas) exists when the rights to use the property and receive its fruits are separated from ownership. Naked ownership together with usufruct constitutes full ownership.
  • Sole ownership exists when ownership belongs to one person.
  • Co-ownership or tenancy in common exists when two or more persons own one property. Each co-owner owns an undivided share while sharing ownership of the whole.

Seven rights of ownership (De Leon, Comments and Cases on Property, 77, 1993)

  • Jus possidendi is the right to possess or hold the thing. It does not necessarily include the right to use it, as in a contract of deposit.
  • Jus utendi is the right to use the thing, subject to the rights of others. Its exercise must not injure the rights of another person.
  • Jus fruendi is the right to the fruits, which may be natural, industrial or civil.
  • Jus abutendi is the right to consume the thing, including by transforming, using up or destroying it through use.
  • Jus disponendi is the right to dispose of or alienate the thing, or to choose not to do so.
  • Jus vindicandi is the right to bring an action to recover the thing from its holder or possessor.
  • Jus accessionis is the right to what the property produces and to what is incorporated or attached to it, naturally or artificially.