by Jesus Barrena 
Real Estate Law in Spain is governed by a regulatory framework that establishes the rights and obligations of the owners and users of real estate.
In this context, it is crucial to understand the fundamental concepts of full ownership, bare ownership and usufruct, which define the different degrees of ownership and enjoyment of real estate.
The Full Domain
Full ownership refers to the absolute and complete right over real estate, granting the owner the maximum power of disposal and enjoyment. In accordance with article 348 of the Spanish Civil Code, full ownership confers on the owner the possibility of using, enjoying and disposing of the property in accordance with the law.
This right implies the power to sell, mortgage or dispose of the property, as long as it does not contravene any current legal regulations.
The bare property
On the other hand, bare ownership is characterized by ownership of the real estate devoid of the right to use and enjoy it. In these cases, the bare owner retains ownership of the property, but the usufructuary holds the right to use and enjoy it for a specific period or for life. In accordance with article 467 of the Civil Code, the bare owner may exercise certain rights, such as the right to challenge the acts of the usufructuary that reduce the value of the property.
The Usufruct
In relation to usufruct, it refers to the right to temporarily enjoy real estate without altering its nature or its destination. The usufructuary has the power to use and receive the fruits or income generated by the property during the time established by the corresponding agreement. According to article 467 of the Civil Code, usufruct can be established by law, the will of individuals or by prescription.
In Spain, the detailed regulation of these rights is stipulated in the Civil Code, which establishes the fundamental principles for the exercise and protection of real estate rights. Likewise, the Mortgage Law and the Horizontal Property Law contemplate specific provisions for the acquisition, transmission and registration of real estate property, guaranteeing legal security and protection of the interests of owners and third parties involved in real estate transactions.
It is important to have a lawyer specializing in real estate law.
In conclusion, Real Estate Law in Spain is based on the recognition and protection of the rights of full ownership, bare ownership and usufruct, which define different forms of ownership and enjoyment of real estate, in line with the provisions of the Civil Code and other specific laws that regulate transactions and rights over real estate in the country.
In the area of full ownership, it is essential to understand that this right implies comprehensive responsibility for the property, which implies the obligation to carry out adequate maintenance, as well as responsibility in the event of damages or losses caused by the use or conservation of the property. same.
In addition, freehold is subject to legal and regulatory limitations that seek to preserve the public interest and the common good, such as urban or environmental restrictions that regulate land use and construction.
