My responsibilities as usufructuary
My responsibilities as usufructuary
"I am the usufructuary of the flat in which I live following the death of my wife, who left a son (of legal age) from her previous marriage. We regularly argue about the costs I have to pay. Is there a simple way to catalogue them?
Paul, Geneva
Under articles 745 et seq. of the French Civil Code, usufruct confers on its beneficiary a complete right of enjoyment over its object, which means that he or she has the right to use the thing as he or she sees fit and to collect the fruits. The holder of this right can invoke it against anyone wishing to disturb possession. On the other hand, the usufructuary does not have the power to dispose of the subject of the usufruct.
The usufruct of a property may be limited to a defined part of a building or of the property itself. It must be entered in the Land Register for it to be valid. Such a right is often created as part of an inheritance; it is linked to a specific person and lapses on the death of the usufructuary, as it cannot be transferred to the heirs of the person entitled to it. However, the usufructuary may transfer his or her right to a third party during his or her lifetime, subject to certain exceptions. Usufruct is therefore broader than a simple right of habitation.
As usufructuary, you are obliged to maintain the substance of the flat and to carry out ordinary repairs and repairs yourself, at your own expense. In particular, you are responsible for cleaning and maintaining the terraces and plumbing. Your use and enjoyment of the building must not be to the detriment of the owner. You are also responsible for paying any mortgage interest and tax on the flat. You are also responsible for insuring the apartment against fire and other risks, in accordance with local practice. In other words, you must bear all the current and usual costs incurred by the normal use of the property.
If more extensive work is required, you must inform the landlord, but the landlord is not obliged to carry out the work immediately, unlike the lessor, who must maintain the property in a condition suitable for the purpose for which it was rented. In such a case, you can carry out the work yourself and claim reimbursement on the basis of article 764 CC.
