THE SEQUENCE BETWEEN THE LIMITED RIGHTS IN REM

Abstract

It is possible to establish more than one limited right in rem in a real property. If limited rights in rem in the same real property can be used without conflict each other, it will not lead any problems. However, if there is a conflict between them from the perspective of usage, it is necessary to determine the sequence between those rights. The order of precedence among the limited rights means as "the sequence between the limited rights in rem". In principle, "establishment date" is essential to determine the sequence among limited rights in rem. Accordingly, the sequence is specified in accordance with the registration date on the book of real estate registers. With regards to result of sequence relationship, it is necessary to make a distinction between the servitudes and lien. In the event that there are more servitudes in a real property, one who has ante-dated right shall be authorised to prevent the one who has post-dated right to use it. In lien, lienor who is former relating to the sequence may demand to cancel servitude which is established later and to put real property up for sale.