RIGHTS OF A USUFRUCTUARY

What are the rights of a usufuctuary? read the article below. You may also read: ALLOWING ONE TO ENJOY ANOTHER’S PROPERTY

• Allowing one to enjoy another’s property with the obligation to preserve the same is called usufruct

• Usufruct is basically a contract

• The one who is to enjoy another’s property with the obligation to preserve the same is called a usufructuary

Maintaining and preserving another’s property may or may not be in the same degree of care compared to how one maintains and preserves his or her own.

For recollection, it was discussed that allowing one to enjoy another’s property with the obligation of preserving its form and substance is called usufruct. After knowing the term “usufruct”, refused to be confused every time you hear or read the term. In addition, the person who is to enjoy or is currently enjoying another’s property is called “usufructuary”. Also, the one who actually owns the property under usufruct is called the “naked owner”.

What are the rights of a usufructuary?

The law says:

The rights of the usufructuary are those provided in the title creating the usufruct. If there is no title creating the contract, the rights of a usufructuary are those provided in the Civil Code of the Philippines.

According to the Civil Code of the Philippines, the usufructuary is entitled to all the benefits he may enjoy or get from the property. Specifically, the are the following:

1. Right to all the fruits of the property, whether they are natural, industrial, or civil. In one of our articles, the concept of natural, industrial, and civil fruits was discussed. Please click here.
2. Right to make use of any increase which the property in usufruct may acquire.
3. Right to alienate or lease his right of usufruct to a third person, even by gratuitous title and without the consent of the naked owner.
4. Right to bring a court action to recover property under usufruct.
5. Right to make useful and luxurious improvements to the property under usufruct.
6. Right to set-off improvements that augmented the value of the property against any damages for which he may be liable.
7. Right to recover from the naked owner the increase in value which the immovable property in usufruct may have acquired by reason of extraordinary repairs made by the usufructuary that are needed for the preservation of that property.

Do note that with respect to any hidden treasure which may be found on the property, the usufructuary is considered a stranger. Thus, if he is the finder, he may be entitled to one-half of the treasure.

What if the usufructuary collected rents which are not due to him or her?

The Supreme Court says:

The naked owner is entitled to seek recourse before the appropriate court.

For a better understanding, let us take the case of Anulina L. Vda. De Bogacki vs. Hon. Sancho Y. Inserto et. al, G.R.No. L-39187 January 30, 1982.

In this case, the mother has a usufruct on the one-sixth (1/6) of the property owned by her daughter. Due to a misunderstanding, the daughter left the home for her mother. The mother took possession of all the properties exclusively for herself without sharing with her daughter the rentals she obtained from the said properties. As a consequence, the daughter asked the court to divide the property.

The court eventually was constrained to order the mother to get only one-sixth (1/6) of whatever collection that may be obtain from the lot in question and to turn over to the daughter the five-sixth (5/6) of all that she had previously collected. When the mother could not turn over the collections she unduly received, the daughter asked the court that the usufructuary rights of the mother be sold.

The mother disagreed saying that her usufructuary rights arose from parental authority and is necessary to enable the parents to carry out their obligations to the incompetents under their authority. However, the Supreme Court said that upon emancipation of the child or loss of parental authority, as in this case where the daughter has already attained the age of majority, is married, and living independently of her mother, usufruct is extinguished.

In other words, the right of a usufructuary cannot exceed those provided in the title, document, contract, or by law which created the usufruct.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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