PROPERTY WAIVER IN A HORIZONTAL PROPERTY REGIME

Abstract

This paper analyzes the possibility of relinquishing ownership of an apartment or premises in a building in horizontal property regime. Specifically, we consider this possibility, following the RDGRN of August 30, 2013, about the registration of the domain abdicate waiver by a local owner arises. The difficulty in admitting this waiver can be found on the special nature of the condo, which coexists exclusive property right on the apartment or premises, and a system of ordinary condo, with the appropriate fee over the common elements, which can lead, somehow, to resignation that special property to affect third parties (the other co owners), being rejected for this reason. The requirements of the waiver will be studied as a common renunciation, self-identification and to cause real rights, and we will deep the arguments offered by the DGRN to reject in this case, the property waiver.