Legal Definitions - debitum reale

Debitum reale refers to a type of debt that is directly attached to a specific piece of property, typically land or real estate, rather than being solely a personal obligation of an individual. This means the debt 'runs with the land,' and the property itself serves as the primary security for the debt. If the property is transferred to a new owner, the debt often remains associated with the property, and the creditor's main recourse in case of non-payment is against the property itself.

Here are some examples to illustrate this concept:

• A Residential Mortgage

  When an individual purchases a home, they typically obtain a mortgage loan from a bank. This mortgage creates a debt that is secured by the house and land itself. If the homeowner fails to make the required payments, the bank has the legal right to foreclose on the property, meaning they can take possession and sell it to recover the outstanding debt. The debt is tied directly to the house, not just the individual's general financial standing. Even if the owner sells the house, the mortgage must typically be paid off at the time of sale because the debt is fundamentally attached to the property.

• Property Tax Liens

  If a property owner fails to pay their annual property taxes to the local government, the unpaid taxes automatically become a lien on the property. This means the debt is directly associated with the land and any structures on it. The government can eventually take legal action, such as selling the property, to recover the unpaid taxes, regardless of who currently owns it. The obligation to pay these taxes is inherent to owning the property, making it a debt that is fundamentally "on the land."

• Homeowners' Association (HOA) Dues

  When a person purchases a home within a community governed by a Homeowners' Association, they are automatically obligated to pay regular HOA dues. These dues cover the maintenance of common areas, amenities, and other community services. This obligation is typically established through covenants that "run with the land," meaning they are binding on all future owners of the property. If the dues are not paid, the HOA can place a lien on the specific property and, in some cases, initiate foreclosure proceedings to collect the debt. The debt is tied to the ownership of that particular property within the association, rather than being a mere personal promise.