Usufruct is a real right that gives a person (the usufructuary) the right to enjoy the property of another, with the obligation of preserving its form and substance, unless the title constituting it or the law provides otherwise. The essence of usufruct is the separation of the right to enjoy a thing (which goes to the usufructuary) from ownership (which remains with the owner, called the naked owner, who retains ownership stripped of the right to use and enjoy). The usufructuary is entitled to all the natural, industrial, and civil fruits of the property in usufruct, such as harvests, produce, and rents; they may personally enjoy the thing, lease it to another, or alienate their right of usufruct, but they cannot dispose of the thing itself (that belongs to the owner). Along with these rights come obligations: before commencing, the usufructuary generally must make an inventory of the property and give security (a bond), unless exempted; during the usufruct, they must take care of the things as a good father of a family, make ordinary repairs needed for preservation (extraordinary repairs generally fall on the owner), and pay the annual charges and taxes on the fruits. At the end, the usufructuary must return the thing to the naked owner, subject to allowances for improvements and the like. Usufruct is extinguished by: the death of the usufructuary (unless a term or a different arrangement is provided); the expiration of the period or fulfillment of a resolutory condition; merger of the usufruct and ownership in one person; renunciation by the usufructuary; total loss of the thing; termination of the right of the person constituting it; and prescription. So usufruct splits enjoyment from ownership, giving the usufructuary the fruits and use of another's property while burdening them with its care, until the usufruct ends and the property returns to the owner.
What Usufruct Is
Usufruct is a real right to enjoy another's property, with the duty to preserve its form and substance. It separates the right to enjoy (the usufructuary) from ownership (the naked owner).
The Usufructuary's Rights
Entitled to all the natural, industrial, and civil fruits (harvests, produce, rents). May personally enjoy, lease, or alienate their right of usufruct — but cannot dispose of the thing itself, which belongs to the owner.
The Obligations and How It Ends
The usufructuary must generally make an inventory and give security, care for the thing as a good father of a family, do ordinary repairs, and pay charges on the fruits. Usufruct ends by the usufructuary's death, expiry of the term, merger, renunciation, loss, or prescription.
Practical Takeaways
- Usufruct = enjoy the fruits and use of another's property, owner keeps ownership;
- The usufructuary gets the fruits but must preserve the thing and do ordinary repairs;
- It generally ends on the usufructuary's death or the agreed term.
Frequently Asked Questions
What is usufruct? A real right giving a person the right to enjoy the property of another, including its fruits, with the obligation of preserving its form and substance, while ownership remains with the naked owner.
What is the usufructuary entitled to? All the natural, industrial, and civil fruits of the property, such as harvests, produce, and rents. The usufructuary may personally enjoy the thing, lease it, or alienate the right of usufruct, but cannot dispose of the thing itself.
What are the usufructuary's obligations? Generally to make an inventory and give security before starting, to care for the property as a good father of a family, to make ordinary repairs, and to pay the annual charges and taxes on the fruits.
How does usufruct end? By the death of the usufructuary (unless otherwise provided), expiration of the period or a resolutory condition, merger of usufruct and ownership, renunciation, total loss of the thing, termination of the constituting right, and prescription.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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