Rights in Re-propria and rights in Re-aliena - Explained


Right in re-propria means right over one's own property; title, ownership, etc.

Right in re-aliena means the right of a person over the property of another.

Example -  tenants rights encumbrance rights etc.

A right in re-aliena is an encumbrance on the property imposing restrictions on the owner.

Example -  Mortgage or charge.

In respect of a right in re-aliena, there is an encumbrance, but the ownership and other rights are vested in the owner.

The right of a tenant or a mortgagee in possession of the property etc. is rights in-aliena. However, the ownership remains with the owner who has the rights in re-propria. Hence, all encumbrances, are rights in re-aliena: Leases, servitudes, securities, and trusts. In respect of bailor and bailee, the right of the bailee is right in re-aliena but the bailor has rights in re-propria.

Share this story

WhatsApp Channel Join Now