Short answer. Yes. Usufruct is not only something people set up deliberately — it can also be constituted by law, arising automatically in situations the law itself defines, alongside the two other recognized ways it can be created: through a person's own act during their lifetime or in a will, and through prescription.
What the law says
Usufruct is constituted by law, by the will of private persons expressed in acts inter vivos or in a last will and testament, and by prescription.
Civil Code, Article 563 — How Usufruct Is Created. Read the full provision →
Three ways a usufruct can come into existence
The law recognizes three distinct sources of usufruct. The first is by law itself — certain relationships or situations automatically give one person the right to use and enjoy property belonging to another, without any contract, will, or deliberate grant. The second is by the will of private persons, meaning someone voluntarily creates it, either through an act while they are alive (a deed or contract) or through a last will and testament that takes effect on their death. The third is by prescription, where continuous, open use of another's property over time can itself give rise to the right.
What it means for a legal usufruct to arise automatically
When a usufruct is constituted by law, no one has to draft a document, sign a deed, or include a clause in a will for it to exist. It attaches by operation of the relevant legal provision the moment the situation it covers occurs. This is different from a usufruct created inter vivos or by will, both of which depend on someone's deliberate act and intent to grant the right. A legal usufruct instead reflects a policy choice the law has already made — that in certain circumstances, one person should be entitled to use and enjoy property that legally belongs to someone else.
Why the distinction matters in practice
Knowing which of the three sources applies to a given usufruct matters because the rules on how it is proven, how it can be terminated, and what obligations come with it can differ depending on how it arose. A usufruct that exists purely by force of law does not need to be traced back to a written instrument the way a voluntary one does — its existence depends instead on whether the facts triggering the legal provision are actually present. Anyone relying on a claimed usufruct, or disputing one, should first identify which of these three sources is being invoked before assessing whether it was validly created.
A legal usufruct still carries the usual obligations
Arising automatically does not exempt a legal usufruct from the general duties that come with any usufruct — preserving the property's substance, using it as a prudent person would, and returning it in the condition the law requires once the usufruct ends. The source of the right changes how it comes into being, not what it obligates the usufructuary to do while it lasts. A usufructuary who mismanages or damages property held under a legal usufruct can still be held accountable the same way as one holding a usufruct created by contract or by will.