What is usufruct and habitatio?

Author
Kruger Attorneys & Conveyancers Inc
Kruger Attorneys & Conveyancers Inc is a specialised conveyancing practice, providing incomparable property law services through practical wisdom and trusted advice.

Usufruct:

The term Usufruct is used to describe a state in which a person has the right to occupy a property which belongs to someone else. It grants the right to a person to make use another person’s property, enjoying the fruits (profits and other advantages of ownership) for a limited period of time. For example: When a person bequeaths his property to an heir or legatee but grants the right of use to his parents or spouse.

Habitatio:

Similar to a usufruct, the holder of a habitatio, has the lifelong right to only live in the property or to let the property out belonging to the bare dominium owner, without the right to enjoy the fruits (profits or other advantages of ownership). This right is also limited to a specific period and would usually terminate upon the death of the habitatio holder or if cancellation of this right is agreed to.

These rights must be registered against the title deed of a property and once this has been done, they are enforceable against everyone, including the owner of the property.

By Jacques Terblanche from Kruger Attorneys & Conveyancers Inc

Property questions?
Get quick answers about buying, selling, renting, and more from our AI powered real estate bot
Legal Property News
Understanding the ins and outs of a property sales agreement
Legal
Understanding the ins and outs of a property sales agreement
19 Feb 2024
In the world of property transactions, one crucial document serves as the cornerstone of the entire process—the property sales agreement. While it may seem intimidating at first, understanding its significance is essential for both buyers and sellers. 
read more
Capital Gains Tax: A step-by-step guide for home sellers
Legal
Capital Gains Tax: A step-by-step guide for home sellers
31 Jan 2024
Selling your home is a significant financial transaction, and understanding the implications of Capital Gains Tax (CGT) is crucial to ensure you remain tax-compliant. 
read more
What Happens If Your Landlord Sells the Property: A Tenant's Guide
Legal
What Happens If Your Landlord Sells the Property: A Tenant's Guide
26 Jan 2024
It's not uncommon for landlords or property owners to decide to sell their rental properties. When faced with such a situation, tenants often find themselves wondering about their rights and the impact on their living situation.
read more
What’s the deal with title deeds? Everything homeowners need to know
Legal
What’s the deal with title deeds? Everything homeowners need to know
11 Dec 2023
If you’ve ever bought a property, you’ll also have received a title deed (which your bank or home loan provider will hold onto until the home is fully paid off). And even if you haven’t had that experience, you’ll probably have seen good news inserts about the residents of low-cost housing projects receiving the title deeds to their homes. The document states and proves a person's legal right to own a piece of land or a building. In other words, it’s important.
read more
Real Estate Tools
Get pre-qualified
Make offers with confidence knowing what you can afford. Then shop for the best home loan
Bond Calculator
Calculate the estimated repayments on a home loan and savings with extra payments