Usufruct
Usufruct In General
Art. 562. Usufruct gives a right to enjoy the property of another with the obligation of
preserving its form and substance, unless the title constituting it or the law
otherwise provides. (467)
Three Fundamental Rights of Ownership
1. Jus disponendi
2. Jus utendi
3. Jus fruendi
Concept & Definition of Usufruct – Usufruct is the right to enjoy the property of another,
with the obligation of preserving its form and substance, unless the title constituting it or
the law provides otherwise.
Characteristics or Elements of Usufruct
1. ESSENTIAL characteristics:
1. Real right
2. Temporary nature or duration
3. Purpose is to enjoy the benefits and derive all advantages from the object as
consequence of normal use or exploitation
2. NATURAL characteristic:
1. The obligation of conserving or preserving the form and substance or value
of the thing
3. ACCIDENTAL characteristics:
1. Whether be pure or conditional usufruct
2. The number of years it will exist
3. Whether it is in favor of one person or several
Reasons
1. To prevent extraordinary exploitation
2. Prevent abuse
3. Prevent impairment
Usufruct Easement
Object may be real or personal property Only real property
What can be enjoyed are all uses and fruits Only particular use
Cannot be constituted on easement but may Can be constituted on a piece of
be constituted on a land burdened by land held on usufruct
easement
Extinguished by death of usufructuary Not extinguished by owner of
dominant estate
Similarities
1. Both are real rights, whether registered or not
2. Both rights may be registered provided usufruct involves real property. All
easements of course concern real property
3. Both may ordinarily be alienated or transmitted in accordance with the formalities
set by law.
BASIS USUFRUCT LEASE
As to covers all fruits and uses generally covers only a particular or
EXTENT as a rule specific use
As to is always a real right is a real right only if, as in the case of a
NATURE lease over REAL PROPERTY, the lease is
of the REGISTERED, or is for M O R E T H A N
right ONE YEAR, otherwise, it is only a
personal right
As to the can be created only by the lessor may or may not be the owner
CREATOR the owner, or by a duly (as when there is a sublease or when the
of the authorized agent, acting lessor is only a usufructuary)
right in behalf of the owner
As to may be created by law, may be created as a rule only by contract:
ORIGIN contract, last will, or and by way of exception by law (as in the
prescription. (Art. 563). case of an implied new lease, or when a
builder has built in good faith on the land
of another a building, when the land is
considerably worth more in value than
the building, etc.). (See Art. 448)
As to The owner is more or The owner or lessor is more or less
CAUSE less PASSIVE, and he ACTIVE, and he MAKES the lessee enjoy
ALLOWS the — hace gozar
usufructuary to enjoy
the thing given in
usufruct — “deja gozar.”
As to The usufructuary has The lessee generally has no duty to pay
REPAIRS the duty to make the for repairs.
ordinary repairs
As to The usufructuary pays the lessee generally pays no taxes.
TAXES for the annual charges
and taxes on the fruits
As to A usufructuary may The lessee cannot constitute a usufruct on
other lease the property itself the property leased.
things to another. (See Art.
572).
Art. 563. Usufruct is constituted by law, by the will of private persons expressed in
acts inter vivos or in a last will and testament, and by prescription. (468)
Classification of Usufruct As to Origin
1. LEGAL (created by law)
2. VOLUNTARY (or CONVENTIONAL)
1. Created by will of the parties INTER VIVOS (as by contract or donation)
2. Created MORTIS CAUSA (as in last will and testament)
3. MIXED (or PRESCRIPTIVE)
Art. 564. Usufruct may be constituted on the whole or a part of the fruits of the thing,
in favor of one more persons, simultaneously or successively, and in every case from
or to a certain day, purely or conditionally. It may also be constituted on a right,
provided it is not strictly personal or intransmissible. (469)
Classification of Usufruct As to Quantity or Extent
1. As to fruits – total or partial
2. As to object – universal or singular
Classification of Usufruct as to Number of Persons
1. simple
2. multiple
3. simultaneous
4. successive
Classification of Usufruct as to Quality or Kind
1. usufruct over rights
2. usufruct over things
1. natural
2. abnormal
Classification of Usufruct According to Terms or Conditions
1. Pure usufruct
2. With a term or period
1. Ex die
2. In diem
3. Ex die in diem
3. With a condition
Art. 565. The rights and obligations of the usufructuary shall be those provided in the
title constituting the usufruct; in default of such title, or in case it is deficient, the
provisions contained in the two following Chapters shall be observed. (470)
Rights of the Usufructuary
Art. 566. The usufructuary shall be entitled to all the natural, industrial and civil
fruits of the property in usufruct. With respect to hidden treasure which may be
found on the land or tenement, he shall be considered a stranger. (471)
Art. 567. Natural or industrial fruits growing at the time the usufruct begins, belong
to the usufructuary.
Those growing at the time the usufruct terminates, belong to the owner.
In the preceding cases, the usufructuary, at the beginning of the usufruct, has no
obligation to refund to the owner any expenses incurred; but the owner shall be
obliged to reimburse at the termination of the usufruct, from the proceeds of the
growing fruits, the ordinary expenses of cultivation, for seed, and other similar
expenses incurred by the usufructuary.
The provisions of this article shall not prejudice the rights of third persons, acquired
either at the beginning or at the termination of the usufruct. (472)
This article applies to PENDING NATURAL and INDUSTRIAL FRUITS.
Rules
1. Fruits pending at the BEGINNING of the usufruct:
1. Belong to usufructuary
2. No refund to owner
3. w/o prejudice to rights of third person
2. Fruits pending at the TERMINATION of usufruct:
1. Belong to owner
2. Owner reimburse usufructuary
3. Rights of third person not prejudiced
Art. 568. If the usufructuary has leased the lands or tenements given in usufruct, and
the usufruct should expire before the termination of the lease, he or his heirs and
successors shall receive only the proportionate share of the rent that must be paid by
the lessee. (473)
Art. 569. Civil fruits are deemed to accrue daily, and belong to the usufructuary in
proportion to the time the usufruct may last. (474)
Art. 570. Whenever a usufruct is constituted on the right to receive a rent or
periodical pension, whether in money or in fruits, or in the interest on bonds or
securities payable to bearer, each payment due shall be considered as the proceeds
or fruits of such right.
Whenever it consists in the enjoyment of benefits accruing from a participation in
any industrial or commercial enterprise, the date of the distribution of which is not
fixed, such benefits shall have the same character.
In either case they shall be distributed as civil fruits, and shall be applied in the
manner prescribed in the preceding article. (475)
Art. 571. The usufructuary shall have the right to enjoy any increase which the thing
in usufruct may acquire through accession, the servitudes established in its favor,
and, in general, all the benefits inherent therein. (479)
Increases in the Thing Held In Usufruct
Aside from the right to the fruits, the usufructuary has the right to the enjoyment of:
1. Accessions
2. Servitudes and easements
3. All benefits inherited in the property
Reasons
The usufructuary, as a rule, is entitled to the:
1. ENTIRE jus fruendi
2. ENTIRE jus utendi
Art. 572. The usufructuary may personally enjoy the thing in usufruct, lease it to
another, or alienate his right of usufruct, even by a gratuitous title; but all the
contracts he may enter into as such usufructuary shall terminate upon the expiration
of the usufruct, saving leases of rural lands, which shall be considered as subsisting
during the agricultural year. (480)
Art. 573. Whenever the usufruct includes things which, without being consumed,
gradually deteriorate through wear and tear, the usufructuary shall have the right to
make use thereof in accordance with the purpose for which they are intended, and
shall not be obliged to return them at the termination of the usufruct except in their
condition at that time; but he shall be obliged to indemnify the owner for any
deterioration they may have suffered by reason of his fraud or negligence. (481)
Abnormal Usufruct on Things
This article deals with an ABNORMAL or imperfect usufruct. It is true that ALL things
deteriorate, but there are some things that deteriorate much faster than others.
Effect of the Deterioration
If these fast-deteriorating things:
1. Deteriorate because of NORMAL USE, the usufructuary is not responsible
2. Deteriorate because of an event or act that endangers their preservation, he is still
required under Art. 592, CC to make the necessary or ordinary repairs
3. Deteriorate because of fraud or negligence, the usufructuary is responsible
Art. 574. Whenever the usufruct includes things which cannot be used without being
consumed, the usufructuary shall have the right to make use of them under the
obligation of paying their appraised value at the termination of the usufruct, if they
were appraised when delivered. In case they were not appraised, he shall have the
right to return at the same quantity and quality, or pay their current price at the time
the usufruct ceases. (482)
Quasi-Usufruct
This is what we call "quasi-usufruct" because the form and substance is not really
preserved. Thus, this is really a SIMPLE loan.
Rules for Quasi-Usufruct
1. The usufructuary can use them by consuming them.
2. BUT at the end of the usufruct, he must
1. Pay for the appraised value
2. Or return the same kind, quality, and quantity or pay the price current at the
determination of the usufruct
Art. 575. The usufructuary of fruit-bearing trees and shrubs may make use of the
dead trunks, and even of those cut off or uprooted by accident, under the obligation
to replace them with new plants. (483a)
Art. 576. If in consequence of a calamity or extraordinary event, the trees or shrubs
shall have disappeared in such considerable number that it would not be possible or
it would be too burdensome to replace them, the usufructuary may leave the dead,
fallen or uprooted trunks at the disposal of the owner, and demand that the latter
remove them and clear the land. (484a)
Art. 577. The usufructuary of woodland may enjoy all the benefits which it may
produce according to its nature.
If the woodland is a copse or consists of timber for building, the usufructuary may do
such ordinary cutting or felling as the owner was in the habit of doing, and in default
of this, he may do so in accordance with the custom of the place, as to the manner,
amount and season.
In any case the felling or cutting of trees shall be made in such manner as not to
prejudice the preservation of the land.
In nurseries, the usufructuary may make the necessary thinnings in order that the
remaining trees may properly grow.
With the exception of the provisions of the preceding paragraphs, the usufructuary
cannot cut down trees unless it be to restore or improve some of the things in
usufruct, and in such case shall first inform the owner of the necessity for the work.
(485)
Art. 578. The usufructuary of an action to recover real property or a real right, or any
movable property, has the right to bring the action and to oblige the owner thereof to
give him the authority for this purpose and to furnish him whatever proof he may
have. If in consequence of the enforcement of the action he acquires the thing
claimed, the usufruct shall be limited to the fruits, the dominion remaining with the
owner. (486)
Art. 579. The usufructuary may make on the property held in usufruct such useful
improvements or expenses for mere pleasure as he may deem proper, provided he
does not alter its form or substance; but he shall have no right to be indemnified
therefor. He may, however, remove such improvements, should it be possible to do so
without damage to the property. (487)
Art. 580. The usufructuary may set off the improvements he may have made on the
property against any damage to the same. (488)
Art. 581. The owner of property the usufruct of which is held by another, may
alienate it, but he cannot alter its form or substance, or do anything thereon which
may be prejudicial to the usufructuary. (489)
Art. 582. The usufructuary of a part of a thing held in common shall exercise all the
rights pertaining to the owner thereof with respect to the administration and the
collection of fruits or interest. Should the co-ownership cease by reason of the
division of the thing held in common, the usufruct of the part allotted to the co-owner
shall belong to the usufructuary. (490)
Obligations of the Usufructuary
Basic Obligations
The usufructuary has obligations:
1. Before the usufruct (like the making of inventory).
2. During the usufruct (like taking due care of property).
3. After the usufruct (like the duty to return and indemnify in the proper cases).
The naked owner also has corresponding obligations.
Art. 583. The usufructuary, before entering upon the enjoyment of the property, is
obliged:
(1) To make, after notice to the owner or his legitimate representative, an inventory
of all the property, which shall contain an appraisal of the movables and a
description of the condition of the immovables;
(2) To give security, binding himself to fulfill the obligations imposed upon him in
accordance with this Chapter. (491)
Obligations
This Article speaks of two obligations (inventory and security).
Requirements for Making of the Inventory
1. Owner must be notified
2. Condition of IMMOVABLES must be described
3. The movables must be appraised
4. No FORM required except real property (public instrument)
5. Expenses borne by USUFRUCTUARY
6. Effect of not giving inventory is same when security is not given
7. When inventory is not required.
1. No one will be injured thereby
2. Waiver by naked owner
The Giving of Security
The purpose is to make sure faithful compliance of the duties of usufructuary.
Since the law does not specify what kind of security should be given, it follows that any kind
of sufficient security shall be allowed such as cash, bond, etc.
When security is not required:
1. No one will be injured
2. Waiver by naked owner
3. Usufructuary is the donor of property
4. Parental usufruct
5. Caution juratoria
Effect of not giving security (See Art. 586 and 599).
Art. 584. The provisions of No. 2 of the preceding article shall not apply to the donor
who has reserved the usufruct of the property donated, or to the parents who are
usufructuaries of their children's property, except when the parents contract a
second marriage. (492a)
Art. 585. The usufructuary, whatever may be the title of the usufruct, may be excused
from the obligation of making an inventory or of giving security, when no one will be
injured thereby. (493)
Art. 586. Should the usufructuary fail to give security in the cases in which he is
bound to give it, the owner may demand that the immovables be placed under
administration, that the movables be sold, that the public bonds, instruments of
credit payable to order or to bearer be converted into registered certificates or
deposited in a bank or public institution, and that the capital or sums in cash and the
proceeds of the sale of the movable property be invested in safe securities.
The interest on the proceeds of the sale of the movables and that on public securities
and bonds, and the proceeds of the property placed under administration, shall
belong to the usufructuary.
Furthermore, the owner may, if he so prefers, until the usufructuary gives security or
is excused from so doing, retain in his possession the property in usufruct as
administrator, subject to the obligation to deliver to the usufructuary the net
proceeds thereof, after deducting the sums which may be agreed upon or judicially
allowed him for such administration. (494)
Effects of Failure to Give Security
On the Rights of the Naked Owner:
1. Deliver the property to the usufructuary
2. Naked owner may choose retention of the property as administrator
3. Naked owner may demand receivership or administration of real property
On the Rights of the Usufructuary:
1. Cannot possess the property
2. Cannot administer the property
3. Cannot collect credits that have matured
4. Can alienate his right to the usufruct
Art. 587. If the usufructuary who has not given security claims, by virtue of a promise
under oath, the delivery of the furniture necessary for his use, and that he and his
family be allowed to live in a house included in the usufruct, the court may grant this
petition, after due consideration of the facts of the case.
The same rule shall be observed with respect to implements, tools and other
movable property necessary for an industry or vocation in which he is engaged.
If the owner does not wish that certain articles be sold because of their artistic worth
or because they have a sentimental value, he may demand their delivery to him upon
his giving security for the payment of the legal interest on their appraised value.
(495)
Caucion Juratoria – the promise under oath. A sworn duty to take good care of the property
and return the same at the end of the usufruct. It takes the place of the bond or security and
is based on necessity that humanity as when a poor family acquires by inheritance.
Requisites
1. Proper court petition
2. Necessity for delivery
3. Approval of court
4. Sworn practice
Restrictions on Usufructuary – Art. 587 does not apply when usufructuary is exempted
from giving security. It applies only when he is required but cannot afford to give the
security.
Art. 588. After the security has been given by the usufructuary, he shall have a right to
all the proceeds and benefits from the day on which, in accordance with the title
constituting the usufruct, he should have commenced to receive them. (496)
Art. 589. The usufructuary shall take care of the things given in usufruct as a good
father of a family. (497)
Art. 590. A usufructuary who alienates or leases his right of usufruct shall answer for
any damage which the things in usufruct may suffer through the fault or negligence
of the person who substitutes him. (498)
Art. 591. If the usufruct be constituted on a flock or herd of livestock, the
usufructuary shall be obliged to replace with the young thereof the animals that die
each year from natural causes, or are lost due to the rapacity of beasts of prey.
If the animals on which the usufruct is constituted should all perish, without the fault
of the usufructuary, on account of some contagious disease or any other uncommon
event, the usufructuary shall fulfill his obligation by delivering to the owner the
remains which may have been saved from the misfortune.
Should the herd or flock perish in part, also by accident and without the fault of the
usufructuary, the usufruct shall continue on the part saved.
Should the usufruct be on sterile animals, it shall be considered, with respect to its
effects, as though constituted on fungible things. (499a)
Art. 592. The usufructuary is obliged to make the ordinary repairs needed by the
thing given in usufruct.
By ordinary repairs are understood such as are required by the wear and tear due to
the natural use of the thing and are indispensable for its preservation. Should the
usufructuary fail to make them after demand by the owner, the latter may make them
at the expense of the usufructuary. (500)
Duty to Make Ordinary Repairs
For the usufructuary to be responsible for ordinary repairs, the following conditions must
be present:
1. They are required by normal or natural use.
2. They needed for preservation.
3. They must have accrued during the usufruct.
4. They must have happened with or without the fault of the usufructuary.
Art. 593. Extraordinary repairs shall be at the expense of the owner. The
usufructuary is obliged to notify the owner when the need for such repairs is urgent.
(501)
Art. 594. If the owner should make the extraordinary repairs, he shall have a right to
demand of the usufructuary the legal interest on the amount expended for the time
that the usufruct lasts.
Should he not make them when they are indispensable for the preservation of the
thing, the usufructuary may make them; but he shall have a right to demand of the
owner, at the termination of the usufruct, the increase in value which the immovable
may have acquired by reason of the repairs. (502a)
Art. 595. The owner may construct any works and make any improvements of which
the immovable in usufruct is susceptible, or make new plantings thereon if it be
rural, provided that such acts do not cause a diminution in the value of the usufruct
or prejudice the right of the usufructuary. (503)
Art. 596. The payment of annual charges and taxes and of those considered as a lien
on the fruits, shall be at the expense of the usufructuary for all the time that the
usufruct lasts. (504)
Art. 597. The taxes which, during the usufruct, may be imposed directly on the
capital, shall be at the expense of the owner.
If the latter has paid them, the usufructuary shall pay him the proper interest on the
sums which may have been paid in that character; and, if the said sums have been
advanced by the usufructuary, he shall recover the amount thereof at the termination
of the usufruct. (505)
Art. 598. If the usufruct be constituted on the whole of a patrimony, and if at the time
of its constitution the owner has debts, the provisions of Articles 758 and 759
relating to donations shall be applied, both with respect to the maintenance of the
usufruct and to the obligation of the usufructuary to pay such debts.
The same rule shall be applied in case the owner is obliged, at the time the usufruct
is constituted, to make periodical payments, even if there should be no known
capital. (506)
Art. 599. The usufructuary may claim any matured credits which form a part of the
usufruct if he has given or gives the proper security. If he has been excused from
giving security or has been able to give it, or if that given is not sufficient, he shall
need the authorization of the owner, or of the court in default thereof, to collect such
credits.
The usufructuary who has given security may use the capital he has collected in any
manner he may deem proper. The usufructuary who has not given security shall
invest the said capital at interest upon agreement with the owner; in default of such
agreement, with judicial authorization; and, in every case, with security sufficient to
preserve the integrity of the capital in usufruct. (507)
Art. 600. The usufructuary of a mortgaged immovable shall not be obliged to pay the
debt for the security of which the mortgage was constituted.
Should the immovable be attached or sold judicially for the payment of the debt, the
owner shall be liable to the usufructuary for whatever the latter may lose by reason
thereof. (509)
Art. 601. The usufructuary shall be obliged to notify the owner of any act of a third
person, of which he may have knowledge, that may be prejudicial to the rights of
ownership, and he shall be liable should he not do so, for damages, as if they had
been caused through his own fault. (511)
Art. 602. The expenses, costs and liabilities in suits brought with regard to the
usufruct shall be borne by the usufructuary. (512)
Extinguishment of Usufruct
Art. 603. Usufruct is extinguished:
(1) By the death of the usufructuary, unless a contrary intention clearly appears;
(2) By the expiration of the period for which it was constituted, or by the fulfillment
of any resolutory condition provided in the title creating the usufruct;
(3) By merger of the usufruct and ownership in the same person;
(4) By renunciation of the usufructuary;
(5) By the total loss of the thing in usufruct;
(6) By the termination of the right of the person constituting the usufruct;
(7) By prescription. (513a)
Other Causes for Extinguishment of Usufruct
1. annulment
2. rescission
3. mutual withdrawal
4. legal causes ending legal usufruct
Art. 604. If the thing given in usufruct should be lost only in part, the right shall
continue on the remaining part. (514)
Art. 605. Usufruct cannot be constituted in favor of a town, corporation, or
association for more than fifty years. If it has been constituted, and before the
expiration of such period the town is abandoned, or the corporation or association is
dissolved, the usufruct shall be extinguished by reason thereof. (515a)
(Note the amendments of the Corporation Code.)
Art. 606. A usufruct granted for the time that may elapse before a third person
attains a certain age, shall subsist for the number of years specified, even if the third
person should die before the period expires, unless such usufruct has been expressly
granted only in consideration of the existence of such person. (516)
Art. 607. If the usufruct is constituted on immovable property of which a building
forms part, and the latter should be destroyed in any manner whatsoever, the
usufructuary shall have a right to make use of the land and the materials.
The same rule shall be applied if the usufruct is constituted on a building only and
the same should be destroyed. But in such a case, if the owner should wish to
construct another building, he shall have a right to occupy the land and to make use
of the materials, being obliged to pay to the usufructuary, during the continuance of
the usufruct, the interest upon the sum equivalent to the value of the land and of the
materials. (517)
This article distinguishes between (a) a usufruct constituted both on the building and the
land; and (b) a usufruct constituted only on the building.
Rules
Usufruct on BOTH building and land (but the building is destroyed in any manner
whatsoever before the expiration of the period of the usufruct):
1. the usufruct on the building ends but the usufruct on land continues
2. therefore, the usufructuary is still entitled to the use of the land and to the use of
whatever materials remains
3. if the naked owner wants to rebuild but usufructuary refuses, usufructuary prevails.
Usufruct on the building ALONE (but the building is destroyed before the termination of the
period):
1. the usufruct on the building ends but the usufructuary can still make use of
materials which remain and land
2. usufructuary is entitled to the use of the land
3. but because there was no usufruct on the land, the naked owner has preferential
right on the use.
Art. 608. If the usufructuary shares with the owner the insurance of the tenement
given in usufruct, the former shall, in case of loss, continue in the enjoyment of the
new building, should one be constructed, or shall receive the interest on the
insurance indemnity if the owner does not wish to rebuild.
Should the usufructuary have refused to contribute to the insurance, the owner
insuring the tenement alone, the latter shall receive the full amount of the insurance
indemnity in case of loss, saving always the right granted to the usufructuary in the
preceding article. (518a)
Payment of Insurance on the Tenement Held In Usufruct – This article distinguishes
between a case where both the usufructuary and the naked owner share in the payment of
the insurance premium; and a case where it is only the naked owner who pays because the
usufructuary REFUSED.
Proportion in the Contribution or Sharing
Rules
If the naked owner and the usufructuary share in the premiums (and the property is
destroyed):
1. if the owner constructs a new building, the usufruct continues on the new building.
If the cost is more than insurance indemnity, the usufructuary enjoys the new
building completely with no obligation to give interest on cost to the naked owner
2. If the owner does not construct a new building, the naked owner gets insurance
indemnity but should pay the interest on the fruits thereon to the usufructuary
If the naked owner alone pays for the insurance and the usufructuary has refused to share
(and the property is destroyed):
1. The naked owner gets the whole indemnity
2. If the usufruct is on the building and on the land, the usufruct continues on the
materials and the land
3. If the usufruct was on the building alone, the naked owner may rebuild with or
without approval of the usufructuary but he must pay interest on the value of the
land and materials used.
If the naked owner alone paid for the insurance but there is failure or omission of the
usufructuary to share, the effect is the same as if there was a sharing, but the usufructuary
must reimburse the naked owner his share of the insurance premium.
1. The insurance indemnity goes to the usufructuary alone with no obligation on his
part to share on the indemnity or obligation on his part to give legal interest thereon
to naked owner
2. Usufruct no doubt continues on the land for the remaining period
3. Usufruct has no obligation to construct new building or rebuild
Art. 609. Should the thing in usufruct be expropriated for public use, the owner shall
be obliged either to replace it with another thing of the same value and of similar
conditions, or to pay the usufructuary the legal interest on the amount of the
indemnity for the whole period of the usufruct. If the owner chooses the latter
alternative, he shall give security for the payment of the interest. (519)
Art. 610. A usufruct is not extinguished by bad use of the thing in usufruct; but if the
abuse should cause considerable injury to the owner, the latter may demand that the
thing be delivered to him, binding himself to pay annually to the usufructuary the net
proceeds of the same, after deducting the expenses and the compensation which may
be allowed him for its administration. (520)
Art. 611. A usufruct constituted in favor of several persons living at the time of its
constitution shall not be extinguished until death of the last survivor. (521)
Art. 612. Upon the termination of the usufruct, the thing in usufruct shall be
delivered to the owner, without prejudice to the right of retention pertaining to the
usufructuary or his heirs for taxes and extraordinary expenses which should be
reimbursed. After the delivery has been made, the security or mortgage shall be
cancelled. (522a)
Rights and Obligations at the Termination of the Usufruct
On the part of the usufructuary:
1. Must return the property to the naked owner but
1. To retain the property till he is reimbursed
2. To remove improvements
On the part of the naked owner
1. Cancel security or mortgage
2. Respect rural leases
3. Reimburse usufructuary