1. Homepage
  2. Law Dictionary
  3. What is Usufructuary? Usufructuary and Servitude

What is Usufructuary? Usufructuary and Servitude


In the United States legal system, the usufructuary is a term used in property law. It refers to someone who has a right to use and enjoy the benefits of another person’s property. This includes possession and income from the property but does not include the right to sell or dispose of it.

Usufructuary can be an important tool for protecting the interests of vulnerable people, such as children or seniors, who may not be able to manage their own property affairs. In some cases, usufructuary arrangements can also help reduce estate taxes when someone dies.

What is Usufructuary?

Usufructuary is a legal term that refers to the holder of a property right who is allowed to use and enjoy the benefits of that property, but who does not own it. In other words, a usufructuary has the right to use and enjoy another person’s property but does not have the right to sell or transfer that property.

This can be particularly useful in cases where a person wants to use another person’s land or asset but does not want to permanently take possession of it. For example, if someone has been granted usufructuary rights over another person’s land, they can use the land for their own purposes, but they cannot sell it or give it away.

Usufruct is frequently granted for a set length of time. It may be given to the user as long as they care for the property until the death of a property owner, at which point it goes to the estate if he or she is incapacitated. While the usufructuary has the legal right to utilize the property, they are not permitted to harm or destroy it or sell it.

What Is the Difference Between Usufructuary and Servitude?


In the United States, usufructuary is a term used in property law to refer to a person who has been given the right to use and enjoy the fruits of another person’s land or estate. The usufructuary has all the ordinary rights of a proprietor except the power to sell or dispose of the substance of the thing.

Servitude, on the other hand, is a term used in property law to refer to an arrangement where one party (the servient estate) agrees to allow another party (the dominant estate) to use and enjoy their land in some specific way. For example, a common type of servitude is a right-of-way, which allows someone to walk or drive across someone else’s property.

How It Works?

A usufruct is the right to use property in a person’s or entity’s title while they are in a state of maintenance or repair. They do not own it, but they do have a legally valid interest in it. There are two types of usufruct: perfect and imperfect. In perfect usufruct, the usufructuary is permitted to use and profit from the property, but not too drastically alter it. In an imperfect usufruct system, the usufructuary has some control over the property, such as when a landowner gives usufruct to a piece of land for agricultural usage.

This right may be granted the right to produce crops on the land and to make improvements to it that would assist them in their efforts. The usufructuary, however, does not own these improvements when the usufruct term expires; they revert to the initial owner or his or her heirs.

Write a Comment

Write a Comment