Short answer. Yes. The Civil Code expressly gives the usufructuary the right to enjoy all servitudes established in favor of the land, along with any accessions and all benefits inherent in the property. The owner cannot strip out easements when granting usufruct.

What the law says

The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession, the servitudes established in its favor, and, in general, all the benefits inherent therein.

Civil Code, Article 571 — Right to Accessions and Servitudes. Read the full provision →

What usufruct covers beyond bare use

Usufruct gives you the right to use and enjoy property that belongs to someone else, but Article 571 makes clear that this right extends to more than just the physical land or building itself. The usufructuary is entitled to all the benefits inherent in the property — meaning whatever advantages attach to the thing by reason of its nature or legal situation. Easements in the property's favor are one of the most practically important of these benefits, and the statute specifically names them alongside accessions and general inherent benefits.

Easements in the property's favor belong to the usufructuary

An easement established in favor of the land — for example, a right of way over a neighboring lot, a right to draw water from an adjacent source, or a right to light and view — is an appurtenance of the dominant estate. It travels with that estate. When a usufruct is constituted over the dominant estate, the usufructuary steps into the full practical enjoyment of the property, including those appurtenant rights. The owner cannot exclude the usufructuary from using an easement that the land itself holds — doing so would diminish the usufruct below what the Civil Code guarantees.

Accessions and increases

Beyond servitudes, Article 571 also covers any increase which the thing in usufruct may acquire through accession. If trees grow, alluvial soil deposits naturally expand the land, or the property gains value through natural processes during the usufruct period, the usufructuary enjoys those additions for as long as the usufruct lasts. At termination, the property — with its accessions — returns to the owner. The usufructuary's right to accessions is for enjoyment during the term, not for permanent ownership.

The limit: easements burdening the property, not serving it

Article 571 covers servitudes in favor of the property — rights the land holds over neighboring land. It does not address easements that burden the property, such as a neighbor's right of way across the usufruct land. Those burdens are the owner's concern and exist independently of the usufruct. The usufructuary must respect existing burdens on the property, just as they enjoy existing benefits. Understanding which easements run in which direction is essential before entering into any usufruct arrangement, because both the benefits and the burdens will affect how the property can actually be used during the usufruct term.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.