In notarial practice, a common question arises: is ownership the same as property rights or not?
The answer is no. These are different legal concepts with different meanings and consequences.
What is ownership
Ownership is a full legal right to property. It includes:
- the right of possession — actual control over the property
- the right of use — the ability to benefit from it
- the right of disposal — the ability to sell, gift, or transfer
This constitutes the essence of ownership under property law.
Ownership rights to real estate arise only after state registration. Confirmation may be, for example, a certificate of ownership.
There are also types of ownership:
- private ownership
- joint ownership
- state ownership
The most common is private ownership, where the property belongs to an individual.
What are property rights
Property rights are the right to claim property, not the property itself.
Simply put, if ownership is the result, then a property right is the path to it.
Property rights most often arise:
- when investing in new construction
- when concluding preliminary agreements
- through a property rights agreement
So, answering the question “what are property rights” — it is a legal opportunity to obtain ownership in the future.
Key difference
- Ownership — already established legal right
- Property rights — not ownership yet, but an expectation or claim
For example:
You invest in an apartment → you have property rights
After the building is completed → you obtain ownership
Where are property rights registrated
The registration and transfer of such rights are often carried out through a notary, including via:
You can also explore other notarial services.
Conclusion
Understanding this distinction is essential when entering into any agreements, especially in real estate. It allows you to correctly assess your legal position, avoid risks, and make informed decisions.
If you need a notary consultation, feel free to contact me, and I will help you resolve any current situation.
16.04.2026
