The division into public property volumes in the urban planning

Abstract

Public property´s legal system has been characterized by the strict maintenance of their dogmas. Consequently, this type of assets have been protected of acts that could suppose their acquisition or any right by an individual. However, providing that it has been considered that only private´s traffic reduces the public duty, it has been accepted the establishment of rights of occupancy granted by the Administration in the form of authorizations and licenses, originating rights in rem strictly administrative.

Against this abstract point of view of the principle of inalienability, appears the convenience of qualifying their effects as long as the state–owned land target is not damaged. Expanding on this idea it has started a trend in favor of admitting the constitution of civil rights in rem for individuals. Due to all this protection, certain urban operations have been hindered and therefore it has enabled the division into volume of property, stratification or vertical segregation of parcels fully accepted by the planning legislation which is the subject of this article.