Short answer. Yes to both. Under Article 575 of the Civil Code, a usufructuary of fruit-bearing trees may use or dispose of dead trunks and trees accidentally cut off or uprooted — but this right comes with a firm obligation to replace each one with a new plant.
What the law says
The usufructuary of fruit-bearing trees and shrubs may make use of the dead trunks, and even of those cut off or uprooted by accident, under the obligation to replace them with new plants.
Civil Code, Article 575 — Fruit Trees and Shrubs. Read the full provision →
The right to use dead and downed trees
Article 575 of the Civil Code addresses a practical reality of managing any property with fruit trees: some trees die, some are knocked down by storms, and some are uprooted by other accidents. The usufructuary does not have to simply leave the fallen or dead wood where it lies. The article grants the right to make use of dead trunks and even trees cut off or uprooted by accident. Making use of them can mean burning them for fuel, selling them as lumber, or repurposing the wood — the article does not limit how the usufructuary uses what they take.
The replacement obligation is mandatory
The right to use dead or downed trees is not free. Article 575 attaches a firm condition: the usufructuary must replace them with new plants. This obligation reflects the nature of the usufruct itself — the usufructuary is supposed to preserve the productive capacity of the property for the owner who will reclaim it. If the usufructuary could take dead and storm-downed trees without replanting, they would progressively reduce the number of fruit-bearing trees, degrading the value of the property the owner will receive back.
The distinction between dead trees and live ones
Article 575 covers dead trunks and trees lost to accident — it does not give the usufructuary license to cut down healthy, producing trees. The general rule on a usufruct of woodland and orchards is that living, productive trees are not for the usufructuary to harvest as timber unless the Civil Code specifically permits it. What Article 575 does is simply recognize that dead and accidentally downed trees are no longer serving their function and may be used — but they must be replaced. The productive capacity of the orchard must be maintained.
What the replacement obligation requires practically
The article says the usufructuary must replace dead or lost trees with new plants. This means actually planting replacements — not just intending to, or paying the owner the value of the lost trees in cash at the end. The timing and type of replacement may need to be reasonable given the nature of the trees involved: a fruit tree takes years to mature, and the planting should be done without unnecessary delay so the new tree has time to grow and produce within the usufruct period or to benefit the owner once the usufruct ends. Documenting that you have replanted protects you from disputes when the usufruct terminates.