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Usufruct

Reviewed by Bhavana | Updated on Sep 30, 2020

Catalogue

Introduction

A usufruct is a legal right granted to a person or party which grants a temporary right to use/derive income/benefit from the property of another individual. It is a real limited right that can be found in many jurisdictions of mixed and civil law. A usufructuary is an individual who usufructs the land.

A usufruct incorporates the two property rights of usus as well as fructus. Usus refers to the right to utilise something directly without damaging or modifying it. Fructus refers to the right to enjoy the fruits of a property being utilised, i.e. to take advantage of the property by leasing it, selling the crops it creates, paying admission to it, or the like.

A usufructuary will not have full ownership of the property because it does not have the right to land, violence, which applies to the right to possess, kill, or transfer ownership of the property to another person.

Understanding Usufruct

The right to use and enjoy a property belonging to someone else is a usufruct. For instance, it is the legal right to obtain profit from the property of another individual.

The description does not, however, include the demolition of the building. It must not be harmed in any way by the person making use of the property.

Usufruct is usually given for a limited period of time. It can be given to the usufructuary, or person holding usufruct, as a means of caring for the property until the property owner dies and the property can be settled if the property owner is in ill health. Although the usufructuary is entitled to use the house, it cannot be damaged, destroyed, or disposed of.

For as long as the land is not damaged or destroyed, a usufruct is either given in several or retained in common ownership. The third civil interest in a property is abuse (literally abuse), i.e. the right to alienate the possessed object, either by possessing or damaging it (for profit), or by transferring it to another person (selling, trade, or gift).

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