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Usufruct in General

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
If a party has a usufruct in a real estate property, he or she has the full right to use it or rent
it out and collect the rental income without sharing it with the actual owner, as long as the
usufruct is in effect
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
(Paras, Civil Code Volume II Property)
A legal right (real right) accorded to a person or party that confers a temporary right to use
and derive income of benefit from someone elses property. Usufruct is usually conferred for a
limited period or until death. While the usufructuary has the right to use the property, he or
she cannot damage or destroy it, or dispose the property (investopedia)

Essential Natural (present unless the
contrary is stipulated)
Accidental (present or absent
depending on stipulation of
1. It is a REAL RIGHT
2. It is of TEMPORARY
3. Its purpose is to ENJOY
THE BENEFITS and derive
all the advantages from the
object as a consequence of
Obligation of conserving
or preserving the form
and substance (value) of
the thing
1. Pure or conditional
2. The number of years
3. Whether is it in favour
of one or several

Paras, Civil Code Volume 2 - Property
Real or personal property as well as rights (as long as it is not strictly personal and
intransmissible, and as long as it has an independent existence) may be an object of

The usufructuary has the right of action to: (1) protect the usufruct itself and (2) the
exercise of the usufruct.

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
Explanation Article 563 provides the classification of usufructs as to ORIGIN

Legal (created by law) Voluntary (or
Mixed (or prescriptive)
Example Usufruct of
parents over property of
their unemancipated
children (Article 321)
1. Created by will of
parties intervivos
(as by contract or
2. Created mortis
causa (as in the
the last will or
Created both by law and
act of a person

Ibid. 2
Ibid. 3
Usufruct may be constituted on the whole or the part of the fruits of the thing, in
favour of one or 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 transmissible
Explanation: Article 564 provides the classification of usufruct according to
(1) quantity or extent of the fruits or object
(2) number of persons enjoying the right
(3) quality and kind of objects involved
(4) terms and conditions
According to quantity or extent of the fruits or
As to fruits (depending on the amount of fruits
- Total or partial

As to object
- Universal (over entire patrimony) or
particular (only individual things are
Number of person enjoying the right Simple
- One usufructuary enjoys
- Several usufructuary enjoys either
simultaneously (at the same time) or
successively (one after the other)
Quality and kind of objects involved Usufruct over rights
Usufruct over things
- Normal Usufruct involves non-
consumable things were form and
substance is preserved
- Abnormal (quasi-usufruct) involves
usufruct over consumable property or
over non-consumable things which
gradually deteriorate by use
Terms and conditions Pure usufruct
- No terms or condition
Usufruct with a term or period
- Ex die (from a certain day)
- In diem (up to a certain day)
- Ex die in diem from a certain day up
to a certain day
Usufruct with a condition

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
This article lays down what rules shall govern a usufruct
First, the agreement of the parties or the title giving the usufruct then second, in case
of deficiency, the rules provided in the civil code shall govern. In case of conflict between
the rights granted by a virtue of a will, and codal provisions, the former, unless
repugnant to mandatory provisions of the Civil Code, should prevail (Fabie vs.
Gutierrez David)
Rights of the Usufructuary
Article 566 right to fruits, stranger to hidden treasures
Article 566 of the New Civil Code provides that 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
Hidden treasures are understood, for legal purposes as, any hidden and unknown
deposit of money, jewelry, or other precious objects, the lawful ownership of which does
not appear
Products that diminish the capital cannot be considered fruits unless the contrary
intent between parties is clear

The usufructuary, not being the land owner, is not entitled as an owner but a finder (1/2
share) if he is a finder. (Paras quoting Manresa, Civil Code Volume II Property)
Article 567 Pending natural or industrial fruits
Article 567 of the New Civil Code provides that 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 case, 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,

Ibid 4
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
This article refers to pending natural or industrial fruits. It is worth taking note that
there are no pending civil fruits for they accrue daily.
Rules on pending natural or industrial fruits
Fruits pending at the
Fruits pending at the
As to the owner According to Article 567,
fruits pending at the
beginning of the usufruct
belongs TO THE
According to Article 567,
fruits pending at end of the
usufruct belongs TO THE
Reimbursement/Refund There is no necessity of
refunding the owner for the
owner gave the usufruct
evidently without any
thought of being reimbursed
for the pending fruits or
because the value of said
fruit has already been taken
in consideration in fixing the
terms and conditions of the
The owner must reimburse
ordinary cultivation expenses,
for the seeds and other
similar expenses from the
proceeds of the fruits
(PARAS, Civil Code Volume
II Property)
Regarding 3
person No prejudice to the right of
third persons (If the fruits
had been planted by a
possessor in good faith, the
pending crop expenses and
charges shall be pro-rated
between possessor and the
usufructuary (PARAS citing
Manresa, Civil Code Volume
II Property)
Rights of third parties should
not be prejudiced

Article 568 Rule when usufructuary leases property to another (related article 572)
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 that must be paid by the lessees
This article refers to the rule when usufructuary leases property to another
According to article 572, the lease executed by the usufructuary should terminate at the
end of the usufruct except in the case of rural lands, which in said case, if the usufruct
ends earlier that the lease, the lease continues for the remainder of the agricultural
Article 569 Rule regarding ownership and accrual of civil fruits
Civil fruits are deemed to accrue daily, and belong to the usufructuary in proportion to
the time the usufruct may last
Since civil fruits accrue daily, article 567 cannot be applied to civil fruits.
Article 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 of fruits of such right.
Whenever it consists in the enjoyment of benefits accruing from a participation in an
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
Notes: The things considered in article 570 are considered civil fruits and shall be
deemed to accrue proportionately to the naked owner and usufructuary, for the time the
usufruct lasts
In Orozco and Alcantara vs Araneta, the Court has ruled that both stock dividends and
cash dividends are civil fruits. The same rule should apply to profits of a partnership
(Paras, Civil Code Volume II Property)
Rent are considered as part of proceeds to property and therefore should belong to the
usufructuary during the duration of the usufruct (Paras, Civil Code Volume II Property)

Article 571
The usufructuary shall have the right to enjoy any increase which the thing in usufruct
may acquire through accession, on the servitudes established in its favour, and, in
general, all the benefits inherent within
The usufruct, aside from the rights of the fruits also has the rights to the enjoyment of
accessions servitudes and easements, and all benefits inherent in the property because
the usufruct is entitled to the entire jus fruendi and just utendi. (Paras, Civil Code
Volume II Property)
Article 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 enter
into as such usufructuary shall terminate upon the expiration of the usufruct, saving
leases of rural lands, which shall be considered subsisting during the agricultural year
According to article 572 of the New Civil Code, the usufructuary has the right to
personally enjoy the thing or lease it to another.
The usufructuary may lease the property even without the owners consent. Moreover,
ordinarily the lease must not extend to a period longer than that of the usufruct, unless
the owner consents. Thus, the lease ends at the time the usufruct ends, except in cases
of rural leases)
The usufructuary may alienate, plede or mortgae the usufructuary right (but he cannot
pledge or mortgage the thing itself because he does not own such thing) (Paras, Civil
Code Volume II Property)

Reference Cases:

Article 573 Abnormal usufruct on things that deteriorate
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
This article deals with an abnormal or imperfect usufruct.
An abnormal usufruct involves usufruct over consumable property or over non-consumable things
which gradually deteriorate by use. While all things deteriorate, some things deteriorate faster
than others. (such as clothes, furniture, carriages, vehicles, computers, copiers, or books)
Effect of deterioration on the usufructuarys liability
The thing deteriorated because of
Effect: the usufructuary IS NOT
RESPONSIBLE. He can return them IN
at the termination of the usufruct. There
REPAIRS to restore them to their former
The usufructuary is REQUIRED TO
REPAIRS even though there was no fault
or negligence or fraud on his part
Deteriorated because of FRAUD The USUFRUCTUARY IS
RESPONSIBLE (such liability may
however be set off against improvements)

Article 574 abnormal usufruct on consumable things (quasi usufruct)
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, it they were appraised
when delivered. In case they were not appraised, he shall have the right to return the
same quantity and quality, or pay their current price at the time the usufruct ceases
An abnormal usufruct involves usufruct over consumable property or over non-consumable things
which gradually deteriorate by use. This is referred to as a quasi-usufruct because the form and
substance is not really preserved.
Rules on quasi usufruct The usufructuary can use them but at the end of the usufructuary, he
must pay the appraised value or, if there was no appraisal, return the same kind, quality or
quantity or pay the price current at the termination of the usufruct.
Article 575 Usufruct on fruit-bearing trees and shrubs
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
Note to self: refer to this special usufruct through its codal provision
FYI: Other special usufructs
- Periodical pension, income, dividends (Art. 570)
- Of woodland (577)
- Of right of action recover real property, real right, or movable property (578)
- Of part of property owned in common (582)
- Of entire patrimony of a person (598)
- On a mortaged immovable (600)
- On a flock or herd of livestock (591)
ARTICLE 576 Effect of a calamity on trees and shrubs
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 will be too burdensome to replace
them, the usufructuary may leave them dead, fallen or uprooted trunks at the disposal of the
owner, and demand that the latter remove them and clear the land.
ARTICLE 577 Special usufruct over a woodland
The usufructuary of woodland may enjoy all the benefits which it may produce according to its
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 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 tres unless it be to restore or improve some things in the usufruct, and in such cse shall first
inform the owner of the necessity of the work

ARTICLE 578 Usufruct of an action to recover through the courts
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 fruit, the dominion remaining with the owner.
To bring action, the usufructuary can demand from the owner (a) authority to bring the
action and proofs needed for a recovery
Institution of the Action (Paras, Civil Code Volume II Property citing Rules of Court,
Article 578 and Pascual vs Angeles)
The action may be instituted in the usufructuarys name for being the owner of the
usufruct, he is properly deemed a real party in interest. If he purpose is the recovery of
the property or right, he is still required to obtain the naked owners authority. If the
purpose is to object to or prevent disturbance over the property (once the property is
given him), no special authority from the naked owner is needed.
When judgement is awarded him and he gets the property: (a) its naked ownership
belongs to the owner; (b) its usufruct belongs to him
ARTICLE 579 Usueful and Luxurious Improvements
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
According to Article 579 of the New Civil Code, the usufructuary has the right to make
useful improvements and luxurious improvements. However, he must not alter the form
or substance of the property held in usufruct. He is also not entitled to a refund but he
may either remove the improvement if there is no substantial damage to the property or
set off he improvements against the damages for which he is liable in accordance to
Article 580 of the New Civil Code.

While a possessor in good faith is entitled to a refund for useful improvements, a
usufructuary is not. (Rivera vs. Trinidad)

Article 580 Right to set-off improvements
The usufructuary may set off the improvements he may have made on the property
against any damage to the same
According to Paras, there are two rules to follow in setting off the improvements to
property against any damage: (1) If the damage exceeds the value of the improvements,
the usufructuary is still liable for the difference (2) If the value of the improvements
exceeds the damage, the difference does not goes to the usufructuary, but accrues
instead in the absence of a contrary stiupalation in favour of the naked owner,
otherwise, it is as if the usufructuary would be entitled to a partial refund in cash.
Before a set-off can be made, it is required that the damage must have been caused by
the usufructuary and that the improvements have augmented the value of the property
Article 581
The owner of the property the usufruct of which is held by another, may alienate it, but
he cannot alter its for or substance, or do anything thereon which may be prejudicial to
the usufructuary
The owner has jus disponendi and the title. He may therefor alienate the property,
when the usufruct is being held by another, but may not alter its form or substance or
do anything prejudicial to the usufructuary
Article 582 Usufrutuary of a Part of Common Property
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 be long to the
A co-owner may give the usufruct of his share to another, even without the consent of
the others, unless personal considerations are present. The usufructuary then takes the
owners place as to the administration and collection of fruits or interests.
If there be a partitition, the usufructuary continues to have the usufruct of the part
allotted to the co-owner concerned (Article 582).


Article 583- Obligation of the usufructuary regarding the inventory and security
The usufructuary, before entering upon the enjoyment of the property is to 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 description of the condition of the immovable;
(2) To give security, binding himself to fulfil the obligations imposed upon him in
accordance with this chapter
Article 583 speaks of 2 obligations of a usufructuary. One is inventory and the other is
security. They are not necessary however before the right to usufruct begins; they are
merely necessary before physical possession and enjoyment of the property can be had.

The purpose of giving security before entering upon the property to be enjoyed in the
usufructuary is to insure faithful compliance of duties of the usufructuary (PARAS,
Civil Code Volume II Property)
Security is not required in the following circumstances: (1) when no one will be injured
thereby (2) when there is waiver by the naked owner or there is a stipulation in the will
or the contract (3) when the usufructuary is the donor of the property (4) when there is
parental usufruct not as a usufructuary, but as a guardian or administrator and (5)
when there is caucion juratoria
Article 584 usufruct of door or of parents
The provisions of No. 2 of the preceding article shall not apply to the donor who has
reserved the usufruct shall not apply to the donor who has reserved the usufruct of the
property donated, or to the parents who are usufructuaries of their childrens property,
except when the parents contract a second marriage
Article 585 Excused from inventory when no one will be injured thereby
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
The law says may, therefore the usufructuary is not always excused, the exemption
being dependent on the naked owner. (Paras, Civil Code Volume II Property, 16

Article 586 Effects of failure to give security
Should the usufructuary fail to give security in the cases in which he is bound to give
it, the owner may demand that the immovable be placed under administration, that the
movables be sold, that the public bonds, instruments of creadit 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 delivery to the usufructuary the net proceeds
thereof, after deducting the sums which may be agreed upon or judicially allowed him
for such administration
Effects of Failure to Give Security
On the Rights of the Naked Owner On the Rights of the Usufructuary
1. He may delivery the property to
the usufructuary. (but even if
delivery is made, the naked
owner may still demand security
2. Or he may choose retention of the
1. The usufructuary cannot possess
the property unless he gives the
2. The usufructuary cannot
administer the property
property as administrator (where
the usufructuary gets net
proceeds, minus administration
expenses, the amount of which to
be agreed upon by mutual
agreement of fixed by the court)
3. Or the naked owner may demand
receivership or administration (by
another) of the real property, sale
of the movable, conversion or
deposit of credit instrument, or
investment of cash or profits
3. The usufructuary cannot collect
credits that have matured, nor
invest them (unless the court or
the naked owner consents)
4. But the usufructuary can alienate
his right to the usufruct

The receiver or administrator is entitled to administration expense
ARTICLE 587 Caucion Juratoria
Caucion juratoria is promise under oath. It is 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 and humanity (Sanchez Roman)
The following are requisites before caucion juratoria is allowed: (1) proper court
petition, (2) necessity for delivery of furniture, implements or house included in the
usufruct (3) approval of the court (4) sworn promise
ARTICLE 588 retroactive effect of the security given
After the security has been given by the usufructuary, he shall have a right to all
proceeds and benefits from the day on which, in accordance with the title constituting
the usufruct, he should have commenced to receive them
PARAS Illustration If the usufruct commences Jan 3 2003 but security is given Mar 3
2003, the usufructuary is entitled to all proceeds and benefits of the usufruct from Jan 3
ARTICLE 589- duty of usufructuary to take care of property
The usufructuary shall take care of the things given in usufruct as a good father of a
In the exercise of prudent care, the usufructuary is required to make ORDINARY
REPAIRS (Article 592) and to notify the owner of urgency of EXTRAORDINARY
REPARIS (Article 593) and of any acts which may prove detrimental to ownership (Art.
The usufructuary answers for the damage caused by the fault or negligence of his
alienee, agent, or lesee (Article 590)
Article 590 liability of usufructuary for acts of the substitute
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
The usufructuary is made liable for the acts of the substitute. Thus, while the
substitute (fault, negligence, or even wilful deceit) answers to the usufructuary, the
usufructuary answers to the naked owner. Even when there is a sub-usufructuary, it is
still the usufructuary who answers to te naked owner for ordinary repairs, taxes on the
fruits, etc. (Paras quoting Manresa, Civil Code Volume II Property, 16
Article 591 Usufruct on Livestock
The article applies only when the usufruct is on a flock and herd of livestock
Obligation to replace No obligation to replace
1. If some animals die from natural
2. Or if some animals are lost due to
rapacity of beasts of prey
(replacement is based on the
young produced)
1. If there is a total loss of the
animals because of some
unexpected or natural loss
2. If there is a partial loss under the
same conditions

For sterile animals, the rule of usufruct over fungible applies.
Article 592 Duty to make ordinary repairs
The usufructuary is obliged to make ordinary repairs needed by the thing given in
By ordinary repairs are undersood such a are required by the wear and tear due to the
natural use of the thing and are indispensable for its preservation. Should the
usufructuary fault to make them after demand by the owner, the latter may make them
at the expense of the usufructuary.
Ordinary repairs are those required by the wear and tear due to the natural use of the
thing and are indispensable for its preservation. (see article 592)
In order for the usufructuary to be responsible for ordinary repairs, the following:
1. They are required by normal or natural use
2. They are needed for preservation
3. They must have occurred during the usufruct
4. They must have happened with or without the fault of the usufructuary
Article 593 Duty of naked owner to make extraordinary repairs
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.
Article 594 - Kinds of extraordinary repairs
"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 repairs"
Kind of extraordinary repair Responsibility
Caused by natural use but not needed for
Naked owner
However, Justice Paras citing Manresa,
points out that the owner is not required
by law to make them, nor can be
combelled by the usufructuary to make
them (Paras, Civil Code Volume II
Property, 16th Edition)
Caused by abnormal or exceptional
circumstances and needed for preservation
Naked owner
The owner cannot be compelled by the
usufructuary to make them. However, the
usufructuary is allowed to make them
with the right to get the increase in value
and the right of retention (until paid) at
the termination of the usufruct, provided
there was notification by the usufructuary
and failure to repair by the naked
owner(Paras, Civil Code Volume II
Property, 16th Edition)
Caused by abnormal or exceptional
circumstances but are not needed for
Naked owner
He however is required nor can be
compelled to make them because there is
no necessity for preservation

The naked owner can demand from the usufructuary legal interest on the amount spent
for the extraordinary repairs for the duration of the usufruct because the usufructuary
has really benefited.
The usufructuary is allowed to make extraordinary repairs provided that there must be
due notification to the naked owner of its urgency, that the naked owner failed to make
them, and the repair is needed for preservation (Paras, Civil Code Volume II Property,
16th Edition)
The usufructuary, who has made extraordinary repairs, has the right to get the
increase in value or reimbursement of value and the right of retention until paid(Art
594 and Art 612)
Article 595 - Constructions, Improvements, and Plantings by the Naked Owner
"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 to the usufructuary"
If because of the said construction or plantings, the value of the usufruct increases, the
usufructuary does not have to pay legal interest on the improvement because it was a
voluntary act by the naked owner (Paras citing Manresa, Civil Code Volume II
Property, 16th Edition)
Quick notes (please fix this later on)
Article 596 Charges or taxes the usufructuary must pay
Annual charges and taxes on fruits, annual taxes on land only when they can be
considered as lien on fruits, ordinary repairs, necessary cultivation expenses
Article 597 Taxes which are imposed directly on capital
Article 599 rule on usufruct of a matured credit
If the usufructuary has given security, collection and investment can be done without
approval of the court or the naked owner. The credit collected belongs to the owner but
the usufructuary gets its usufruct
Article 600 usufruct of mortgaged immovable
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 debts, the
owner shall be liable to the usufructuary for whatever the latter may lose by reason
Article 601 Notification by the usufructary is required
The usufructuary is required to notify the owner, when a third party comits acts
prejudicial to the rights of ownership, if urgent repairs are needed, or if an inventory is
to be made
Article 602 liability for expenses and cost is suits
The expenses, costs and liabilities in suits brought with regard to the usufruct shall be
borne by the usufructuary

General Provisions
Art 634
Easements imposed by law have for their object either public use or the interest of
private persons
Difference Kinds of Legal Easements (WRP LDI EL)
Water, Right of way, Party Wall, Light and View, Drainage, Intermediate Distance,
Easement against Nuisance, Lateral and Adjacent Support
Art 635 How PUBLIC OR COMMUNAL easements are governed
All matters concerning easements established for public or communal use shall be
governed by the special laws and regulations relating thereto, and, in the absence
thereof, by the provisions of this title
Art 636 How legal easements for PRIVATE INTERESTS are governed
Easements established by law in the interest of private persons or for private use shall
be governed by the provisions of the title WITHOUT PREJUDICE to the provisions of
general or local laws and ordinances for the general welfare.
These easements may be modified by agreement of the interested parties, whenever the
law does not prohibit it or no injury is suffered by a third person

Article 637 Natural Drainage of Lands
Lower estates are obliged to receive the waters which are naturally and without the
intervention of man descend from higher estates, as well as the stones or earth which
they carry with them
The owner of the lower estate cannot construct works which will impede this easement
neither can the owner of the higher estate make works which will increase the burden
Rights of the lower estate
- Waters (which naturally and without the intervention of man descends from
higher estates)
- Stones and earth (carried by the waters)

Servient Estate (That
which is subject thereto)
Dominant Estate (The
immovable in which the
easement is established)
Duties - The owner cannot
construct works
that would impede
the easement (Art.

- He cannot make
works which will
increase the
burden (Art. 637)
Allowed - But he may
regulate or control
the descent of
water (Art. 113,
Law of Waters).
However, should
he really cause an
obstruction, the
easement may be
extinguished, by
non-user and
barred by
prescription if the
action to destroy is
the constructed
work is brought
after more than 10
- But he may
construct works
preventing erosion
(Art 114, Law of
- If the descending
waters are the
result of artificial
development or
proceed from
recently set up, or
are the overflow
from irrigation
dams, the owner of
the lower estate
shall be entitled to
compensation for
his loss or damage

Article 638 Easement Along Riparian Banks
The banks of rivers and streams, even in case they are of private ownership, are
subject throughout their entire length and within a zone of three meters long their
margins, to the easement of public use in the general interest of navigation, floatage,
fishing and salvage.
Estates adjoining the banks of navihble or floatable rivers are furthermore, subject to
the easement of tow path for the exclusive service of river navigation and floatage.
If it be necessary for such purpose to occupy lands of private ownership, the proper
indemnity shall first be paid
Allowed easements on river banks (NFFS) Navigation, floatage, fishing, salvage
Easement of SIRGA easement of tow path
For easements along riparian banks, indemnity shall be paid if the land is of private
Article 639 Easement concerning a dam
Whenever for the diversion or taking of water from a river or brook, or for the use of
any other continuous or discontinuous stream, it should be necessary to buidl a dam,
and the person who is to construct it is not the owner of the banks, or lands which must
support it, he may establish the easement of abutment of a dam, after the payment of
the proper indemnity
The government should have first investigated and no one should take the law in his
own hands
Article 640 Easements for Drawing Water or for Watering Animals
Compulsory easements for drawing water or for watering animals can be imposed only
for reasons of public use in favour of a town or village, after payment of proper
Easements for drawing water or for watering animals can only be imposed for reasons
of public use or in favour of a town or village and that proper indemnity must be paid
Article 641 easement for drawing water or for watering animals include an accessory
easement of right of way
Easements for drawing water and for watering animals carry with them the obligation
of the onwers of the servient estates to allow passage to persons and animals to the
place where such easements are to be used, and the indemnity shall include this
Easement for drawing water or for watering animals include an accessory easement of
right of way (Art. 641)
- For Public Use
- In favour of a town or a village
- The right must be sought by the town or village, or its legal representation
- There must be payment for proper indemnity
- The right of way should have a maximum width of 10 meters, which cannot be
altered by the owners of the servient estates although the direction of the path
may indeed be changed, provided that the use of th easement is not prejudiced
Article 642 Right to acquire the easement of aqueduct
Article 643 Four requisites for the easement of aqueduct
Article 645 Right of owner of servient estate to close or fence the aqueduct
Article 646 Easement of Acqueduct
For legal purposes, the easement of aqueduct shall be considered as continuous and
apparent, even though the flow of water may not be continuous, or its use depends upon
the needs of the dominant estate, or upon a schedule of alternate days or hours