The usufructuary of a house or any other property has a series of rights linked to ownership, but is also subject to certain limitations. Understanding what it means to be a usufructuary and what are the associated obligations is essential if you are considering this role or if you are legally entitled to it.

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What is usufructuary?

Being a usufructuary implies having the right to possess, use and enjoy an asset that you do not own, with the obligation to preserve it. The property is divided into usufruct and bare ownership: the usufructuary has the right of enjoyment while the bare owner has the ownership but cannot enjoy the property.

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Usufructuary Rights and Duties

The usufructuary has the right to the use and enjoyment of the property, and may even sell or lease it in the case of real estate. However, he also has obligations established by law, such as making an inventory and keeping the property in good condition, paying charges and contributions, informing the owner about acts of third parties that may affect the property, among others.

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Differences between Owner and Usufructuary

The main difference is that the owner has both the bare ownership and the usufruct of the property, while the usufructuary lacks the bare ownership. This means that the usufructuary only enjoys a part of the rights related to the property.

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When do you become a usufructuary?

You can become a legal usufructuary of a home or other real estate in situations such as a widow's usufruct, which gives the widowed spouse the right to enjoy part of the estate. The sale of the usufruct by the owner is also common, especially in the elderly.

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End of Usufruct

There are several cases in which a usufructuary ceases to be a usufructuary, such as the end of the established term, the death of the usufructuary, the reunion of the usufruct and the ownership in the same person, the resignation of the usufructuary, among others.

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Identifying the Beneficial Owner

Knowing whether someone is a usufructuary of a property is usually possible by consulting the Land Registry, although the registration of these rights is voluntary. In general, any right in rem relating to real property tends to be registered in order to protect the rights of the usufructuary.

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