Superficiary rights on immovable property? | ScriptaLegal
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Frequently asked questions > Real estate > Other types of property rights > What rights does the superficiary have on his immovable property?

What rights does the superficiary have on his immovable property?

Subject to the restrictions on which he may have agreed by contract with the subsoil owner, the superficiary holds upon his immovable property all the prerogatives of an owner: he can hypothec it (also called mortgage), rent it, sell it, bequeath it by Will or use it, for example, to establish a co-ownership, regardless of the subsoil. The subsoil owner similarly retains all the prerogatives of an owner on his own immovable property.

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