WHAT IS PROPERTY?

Property is a real right that grants its holder the power to use, enjoy, and dispose of an asset in accordance with the law. However, within the framework of the Plurinational State, this right is not absolute, as it must be exercised according to its social function and within the limits imposed by the collective interest. This dual structure of property rights—both individual and social—makes it a right with implications in both private and community spheres.

WHAT DOES PROPERTY LAW ALLOW?

Being an owner not only means having a good under one’s domain but also entails a series of legal faculties that may be freely exercised, as long as they do not infringe public order or third-party rights. These faculties include:

USING THE ASSET ACCORDING TO ITS NATURE

The owner may employ the asset for its intended purpose. For example, a homeowner has the right to live in the property, carry out improvements, or install basic services. Similarly, the owner of a vehicle may drive it or lend it, in compliance with applicable regulations.

ENJOYING THE BENEFITS OF THE ASSET

Ownership also grants the right to receive the fruits or income of the asset. A classic example is a person with a garden: they are entitled to harvest and benefit from its produce. Likewise, an asset may be rented out to generate income, such as a commercial premises or industrial machinery.

FREELY DISPOSING OF THE ASSET

This faculty allows the owner to make definitive decisions about the asset, such as selling, donating, leasing, or even destroying it. For instance, a homeowner may choose to demolish the property and build a new one, provided the building is not protected as cultural heritage and the decision does not contravene urban planning regulations.

THE ROLE OF SOCIAL FUNCTION IN PROPERTY RIGHTS

A key aspect of the property regime in Bolivia is the social function of the asset, which varies depending on its location and nature:

In urban areas, property fulfills its social function when allocated to residential, commercial, service, or other lawful activities.
In rural areas, this function is primarily related to the productive use of land, such as agricultural or livestock activities.
If a property fails to meet its social function—for instance, if it remains unused for long periods—it may be subject to legal sanctions, including expropriation in specific cases under special laws.

RESTRICTIONS ON THE USE OF PROPERTY

Although property rights are broad, they cannot be exercised with the intent to harm or disturb others. This principle prevents abuse of rights, such as a property owner deliberately generating excessive noise. Actions must have a lawful purpose and align with the economic and social intent of the right being exercised.

Additionally, there may be legal or voluntary prohibitions on transferring an asset. Legal restrictions must be expressly established in the relevant regulations. Voluntary restrictions—such as those imposed by a testator in an inheritance—are only valid if temporary and justified by a legitimate interest.

EXPROPRIATION FOR PUBLIC INTEREST OR LACK OF SOCIAL FUNCTION

The law establishes that a property may be expropriated in cases of public utility or when it fails to fulfill its social function. This measure must be supported by special legislation and requires prior payment of fair compensation. If the asset is not ultimately used for the purpose that justified the expropriation, the former owner or heirs may request its return, reimbursing the received amount and covering any potential damages.

LEGAL MEANS OF ACQUIRING PROPERTY

Property may be acquired through several means recognized by Bolivian law, including:

Occupation of ownerless assets
Accession, when an asset becomes naturally or artificially incorporated into another
Usucapion, through prolonged and good-faith possession
Contracts, such as purchase-sale or donation
Succession upon death
Other legally established mechanisms

The property title, duly registered in the corresponding public registry, is the primary proof of legal ownership.

In conclusion, property under Bolivian law is a complex and regulated right that grants broad faculties to the owner while also linking them to society through the social function of the asset. This balance protects both individual and collective interests, preventing harmful use of resources and fostering sustainable development.

For expert legal assistance in property law matters in Bolivia, contact our law firm today. Our team of professionals is ready to provide effective and tailored solutions.

Frequently Asked Questions (FAQs)

What does it mean that property has a social function?

It means the asset must be used in a way that benefits not only the owner but also the community, either through productive use or lawful urban activities.

Can I lose my property for not using it?

Yes. In certain cases, particularly in rural areas, lack of productive use may justify expropriation under special laws.

What can I do if a neighbor uses their property to disturb me?

You may take legal action for abuse of rights if you can prove that the property is being used with the intent to cause disturbance or harm.

Can I restrict the sale of a property I donate?

Yes, but only temporarily and if justified by a legitimate interest. These restrictions must be expressly established.

What do I need to legally prove ownership of my property?

You must hold a valid property title registered in the appropriate public registry. This document is essential to fully exercise your ownership rights.