Usufruct and Right of Habitation – Secure Your Rights with Legal Certainty
In everyday legal practice, we often encounter questions such as:
Can I allow someone to use my property without transferring ownership?
How can I ensure a family member has lifelong use of an apartment or house?
How is a right of usufruct registered in the land registry?
The answer lies in the right of usufruct and the right of habitation – personal servitudes that allow someone to use another person’s property without owning it.
What is the right of usufruct?
The right of usufruct allows a person (the usufructuary) to fully use someone else’s property, to collect income from it (e.g. rent), and to manage it as if they were the owner – while preserving the property and its intended use.
It can be established on a house, apartment, commercial space, land, or even movable property.
It can be agreed upon for a fixed term or for life.
It provides security for the user and clearly defines their relationship with the owner.
The right is registered in the land registry, granting legal protection.
What is the right of habitation?
The right of habitation is a personal servitude that allows a person (the resident) to live in someone else’s home or part of a home, strictly for residential purposes, while preserving the condition of the property.
Compared to usufruct, the right of habitation:
Does not include the right to earn income (e.g. renting it out).
Applies only to residential property.
Is limited to the personal needs of the resident and their household.
It is commonly used when parents want to secure lifelong residence in a property they are transferring to their children.
Why sign a contract on usufruct or habitation?
A written contract on the right of usufruct or habitation is essential to ensure that all parties are legally protected.
The contract is notarized and entered into the land registry, making it legally valid and enforceable.
It defines:
Who has the right to use the property and under what conditions
The duration of the right (lifelong or time-limited)
Whether income (rent, yields) can be collected
Obligations for maintenance, taxes, and other expenses
Termination conditions and procedures
How can we help?
Our law office offers expert legal support at every stage:
- Drafting usufruct or habitation agreements
- Legal verification of the property’s land registry status
- Notarization and legal consultation
Land registry entry – fast and reliable
Dispute resolution and protection of both users’ and owners’ rights
Do you have a property you want to protect?
Planning to ensure a family member’s right to live in your apartment or house?
Contact our law office with confidence.
