Short answer. Before entering upon enjoyment of the property, a usufructuary must do two things: make an inventory of all the property with notice to the owner — including appraisal of movables and description of immovables — and give security binding them to fulfill all usufructuary obligations.
What the law says
The usufructuary, before entering upon the enjoyment of the property, is obliged: (1) To make, after notice to the owner or his legitimate representative, an inventory of all the property, which shall contain an appraisal of the movables and a description of the condition of the immovables; (2) To give security, binding himself to fulfill the obligations imposed upon him in accordance with this Chapter.
Civil Code, Article 583 — Inventory and Security Come First. Read the full provision →
Two obligations before the usufruct begins
Article 583 of the Civil Code sets two preconditions that a usufructuary must fulfill before taking possession and enjoying the property. The first is an inventory. The second is the giving of security. Both must be completed before the usufruct commences — they are not merely procedural suggestions but legal obligations tied to entry. Skipping either step puts the usufructuary on legally uncertain ground from the moment they take possession.
The inventory requirement
The inventory must be made after notice to the owner or his legitimate representative — the owner gets to be present or send someone. For movable property, the inventory must include an appraisal of value. For immovable property, it must describe the condition of each piece. This documentation serves a practical purpose: it establishes the baseline state of everything covered by the usufruct. When the usufruct ends and the property must be returned, the inventory is the reference point for whether the usufructuary maintained the property properly or caused deterioration.
The security requirement
The usufructuary must also give security — a guarantee that binds them to fulfill all the obligations the Civil Code imposes on a usufructuary. These obligations include preserving the property, bearing ordinary expenses of the usufruct, paying taxes on the fruits, and returning the property in good condition when the usufruct ends. The security gives the owner a form of assurance that if the usufructuary fails in any of these duties, there is something to hold them accountable. The Civil Code allows certain exemptions from the security requirement in specific circumstances — for instance, when the usufruct is in the favor of certain persons — but the default is that security must be given.
What happens if these steps are skipped
If a usufructuary enters the property without completing the inventory and giving security, the owner has grounds to challenge the enjoyment of the usufruct. The owner may demand that the usufructuary comply before proceeding further. Disputes about the condition of the property at the time of entry — and any damage or deterioration alleged later — are far harder to resolve when no inventory was taken. If you are about to enter a usufruct arrangement, whether as the owner or the usufructuary, making sure these preliminary steps are properly documented protects both parties.