Usufruct is a limited real right (or in rem right) found in civil-law and mixed jurisdictions that unites the two property interests of usus and fructus:
Usus (use) is the right to use or enjoy a thing possessed, directly and without altering it.
Fructus (fruit, in a figurative sense) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on.
A usufruct is either granted in severalty or held in common ownership, as long as the property is not damaged or destroyed. The third civilian property interest is abusus (literally abuse), the right to alienate the thing possessed, either by consuming or destroying it (e.g. for profit), or by transferring it to someone else (e.g. sale, exchange, gift). Someone enjoying all three rights has full ownership.
Generally, a usufruct is a system in which a person or group of persons uses the real property (often land) of another. The “usufructuary” does not own the property, but does have an interest in it, which is sanctioned or contractually allowed by the owner. Two different systems of usufruct exist: perfect and imperfect. In a perfect usufruct, the usufructuary is entitled the use of the property but cannot substantially change it. For example, an owner of a small business may become ill and grant the right of usufruct to an individual to run their business. The usufructuary thus has the right to operate the business and gain income from it, but does not have the right to, for example, tear down the business and replace it, or to sell it. The imperfect usufruct system gives the usufructuary some ability to modify the property. For example, if a land owner grants a piece of land to a usufructuary for agricultural use, the usufructuary may have the right to not only grow crops on the land but also make improvements that would help in farming, say by building a barn. However this can be disadvantageous to the usufructuary: if a usufructuary makes material improvements – such as a building, or fixtures attached to the building, or other fixed structures – to their usufruct, they do not own the improvements, and any money spent on those improvements would belong to the original owner at the end of the usufruct.[additional citation(s) needed]
In many usufructuary property systems, such as the traditional ejido system in Mexico, individuals or groups may only acquire the usufruct of the property, not legal title. A usufruct is directly equitable to a common-law life estate except that a usufruct can be granted for a term shorter than the holder’s lifetime
- Estate Planning
- For Sale by Owner
- Home Buying
- Home Selling
- Land Use
- Real Estate Brokers
- real estate finance, FSBO, real estate markets, home buyers, home sellers
- Real Estate Markets
- Tax-Related Issues
- Title Issues
- LAWYERS, STOP GIVING AWAY YOUR TIME FOR FREE. AUDIO/VIDEO BOOKING FOR LEGAL SERVICES ON YOUR WEBSITE. MONETIZE YOUR TIME AND GET BETTER NEW CLIENTS FROM ANYWHERE IN THE WORLD. SELF-BOOKED AND PAID FOR ONLINE AUDIO/VIDEO LEGAL CONSULTS
- ASSISTANCE/SERVICE ANIMAL AS AN EXCEPTION TO LANDLORD PET POLICY BASED ON FAIR HOUSING ACT
- KANSAS REAL ESTATE TAX APPEAL
- KANSAS TAX FORECLOSURE AUCTIONS
- TAX SALES AND TAX OVERAGES IN MISSOURI
AFFIDAVIT OF SURVIVORSHIP affidavit of title BUYERS commercial real estate COMMON LAW MARRIAGE COVID AND EVICITION DEATH AND REAL ESTATE Deed estate planning estate planning real estate trends FSBO future of commercial real estate Future of real estate home buying Home seller home selling inheritance KC real estate LANDLORD Landlords land use midwest real estate PROBATE Property Management real estate closing real estate contracts real estate deeds Real estate deed work real estate ethics real estate finance Real estate financing real estate investing real estate lawyer real estate management real estate market real estate markets real estate planning real estate transactions real estate trends seller financing SELLERS SURVIVORSHIP AFFIDAVIT TENANTS IN COMMON TRANSFER ON DEATH DEED wholesale real estate