USUFRUCT

•WHAT ARE THE RIGHTS OF

THE USUFRUCTUARY AS TO
THE THING AND ITS FRUITS
1. T o Receiv e th e fru its of th e property in
u s u fru c t an d h alf of t h e h id d en t reas u re h e
accidentally finds on the property (NC C ,
A rticles 566 and 43 8);
2 .T o en joy an y In creas e w h ich th e th in g in
u s u fru c t m ay ac q u ire t h rou gh ac c es s ion
CUSTOMERS
(NC C ,A rt. 571);
3. To Retain the thing until he is reimbursed for
advances for extraordinary expenses and taxes
on the capital (NCC, Art. 612);

4. To make such Improvements or expenses on

the property he may deem proper and to
r e m o v e t h e i m p r o v e m e nCUSTOMERS
ts provided no damage
is caused to the property (NCC, Art.579);
5. To Collect reimbursements from the
owner for indispensable extra ordinary
repairs, taxes on the capital he advanced,
and damages caused to him;
6. To Remove improvements made by
him if the same will not injure
CUSTOMERS the
property;
•7. To personally Enjoy the thing or lease it
to another (NCC, Articles, 572- 577)
generally for the same or shorter period as
the usufruct;
•8. To Set-off the improvements he may
h a v e m a d e o n t h e p r oCUSTOMERS
perty against any
damage to the same (NCC, Art. 580).
•WHAT ARE THE OBLIGATIONS OF
USUFRUCTUARY?
• T he us ufruc tua ry ha s ob lig a tions :
1. B efo re the us ufruc t (l ike the m a king o f
inv entory a nd g iv e s ec urity);
2.D ur ing the us ufr uc t (l ike ta king d ue c a r e o f
p ro p erty); a nd
3 .A fte r the us ufruc t (l ike the d uty to re tur n a nd
CUSTOMERS
ind em nify in the p rop er c a s es ).
Before the usufruct (N CC, A rt. 5 83)

1. Ma ke a n inventory; a nd
2. G ive s ecurity
CUSTOMERS
During the usufruct
1. Take care of property;
2.Replace the young of animals that die or are lost or
become livestonen the usufruct is constituted on a
flock or herd of
3.Make ordinary repairs;
4.Notify the owner of urgent extraordinary repairs;
5.Permit works & improvements by the naked owner not
CUSTOMERS
prejudicial to the usufruct;
6.Pay annual taxes and charges on the fruits;
8 . P a y in te r e s t o n ta x e s o n c a p ita l p a id b y th e
n a k e d o w n e r;
9 . P a y d e b ts w h e n u s u f r u c t is c o n s titu te d o n th e
w h o l e p a tr im o n y ;
1 0 . S e c u r e th e n a k e d o w n e r ' s / c o u r t' s a p pr o v a l to
c o l l e c t c r e d its in c e r ta in c a s e s ;
1 1 . N o tif y , th e o w n e r o f a n y p r e ju d ic ia l a c t
CUSTOMERS
c o m m itte d b y th ir d p e r s o n s ; a n d
1 2 . P a y f o r c o u r t e x p e n s e s a n d c o s ts .
After the usufruct/ at the termination
1. Return the thing in usufruct to the
naked owner unless there is a right of
retention;
2.Pay legal interest for the time that the
usufruct lasts; and
CUSTOMERS
3.Indemnify losses due to his negligence
or of his transferees.
•WHAT ARE THE MODES OF EXTINGUISHING
USUFRUCT?
• 1. Acquisitive Prescription;
• XPN: unless it is also a renunciation.
• 2. Total Loss of the thing;
CUSTOMERS
3. Death of the usufructuary;
• GR: Death of the usufructuary generally ends the usufruct since a
usufruct is constituted essentially as a lifetime benefit for the
usufructuary or in consideration of his person.
• XPNs:
• a) In the cases of multiple usufructs, it ends on the death of the
last
• b)In case there is a period fixed based on the number of years that
would elapse before a person would reach a certain age, unless the
period was expressly granted only in consideration
CUSTOMERS of the existence
of such person, in which case it ends at the death of said person
(NCC, Art. 606); or
• c) In case the contrary intention clearly appears.
4 . T e r m in a t io n o f r ig h t o f t h e p e r s o n
c o n s t i t u t in g t h e u s u f r u c t ;
5 . E x p ir a t io n o f t h e p e r io d o r f u lf ilm e n t o f t h e
r e s o lu t o r y c o n d it io n ;

CUSTOMERS
6. Renunciation by the usufructuary; and
7. Merger of the usufruct and ownership in
the same person who becomes the
absolute owner thereof (NCC, Art. 1275).

CUSTOMERS
Other Causes of termination of usufruct
1. Annulment of the act or title constituting the
usufruct;
2.Rescission;
3.Expropriation;
4.Mutual withdrawal;
5.Legal causes for terminating legal usufruct; or
6.Abandonment or dissolution of juridical entity (e.g.
corporation) granted withCUSTOMERS
usufruct before the lapse of
the period.
4. By th e Expira tio n o f th e term o r th e fu lfillmen t o f
th e con dition , if th e easemen t is temporary or
con ditio nal;
5. By the Renunciation of the owner of the dominant
esta te; a n d
6. By the Redemption agreed upon between the
owners of the dominant and servient estates(NCC,
CUSTOMERS
Art. 631).