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USUFRUIT (Right to enjoy property owned by another (As if you were the…
USUFRUIT
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OBLIGATIONS
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Maintain BUT NOT structural except where cause by failure to carry out own maintenance. Not repair things fallen down over time or by chance
Takes assets in state they are (but owner can require to go before commissioner to agree schedule of condition
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RIGHTS
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Can rent (but not sell) - enjoyment to the renter ends when UF terminates/ renter can only be expelled when UF gives notice
Rights of servitude of passage & generally whatever rights owner has - enjoys in same way (owner cannot hinder)
At end of UF, UFier not claim reimbursement for improvements even if >ed value BUT may remove pictures, mirrors etc but must reinstate condition
CREATION
(1) Agreement
(3) Reservation of interest (e.g when conveyed to another but life interest retained for e.g by vendor)
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(2) Customary
Pre 2012 surviving spouse had UF over 1/2 of D'cd spouse property until remarriage or death (modified by Inheritance (G)L 2011)
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