Definition in English: Usufruct is a real right to enjoy property belonging to another person while preserving its form and substance, unless the title constituting the usufruct or the law provides otherwise. The usufructuary may use the property and receive its fruits but does not acquire naked ownership.
Paliwanag sa Filipino: Karapatang gumamit at makinabang sa ari-arian ng iba — Maaaring pahintulutan ang isang tao na gamitin ang lupa, bahay o ibang ari-arian at tanggapin ang bunga o kita nito kahit ibang tao ang nananatiling may-ari.
Halimbawa, maaaring ibigay sa isang magulang ang karapatang tumira sa bahay at tumanggap ng renta habang nabubuhay, habang ang mga anak ang naked owners. Hindi maaaring tratuhin ng usufructuary ang ari-arian na parang ganap na kanya o sirain ang substance nito, maliban kung pinapayagan ng dokumento o batas.
Legal basis and controlling authority
Usufruct is governed by Civil Code Articles 562–612. Article 562 defines the right; Articles 566–582 address rights; Articles 583–602 address obligations; and Articles 603–612 address extinguishment. Courts examine the instrument creating the right and the parties’ actual relationship. See Moralidad v. Sps. Pernes, G.R. No. 152809.
Rights commonly included
- Use of the property according to the title and its nature
- Receipt of natural, industrial and civil fruits, including rent when applicable
- Leasing the usufructuary interest within the limits of law and the constituting instrument
- Making useful or ornamental improvements without altering form or substance, ordinarily without a right to reimbursement unless another rule applies
Usufruct compared with ownership and lease
| Usufruct | Naked ownership | Lease |
|---|---|---|
| Real right to use and receive fruits. | Ownership stripped temporarily of use and fruits. | Contractual right to use under agreed terms. |
| May arise by law, will, contract or prescription. | Includes the power of disposition subject to the usufruct. | Usually binds the contracting parties and qualifying successors. |
| Ends on a statutory or stipulated ground. | Consolidates into full ownership when usufruct ends. | Ends under the lease and applicable law. |
Important obligations of the usufructuary
- Prepare an inventory and provide security when required and not excused.
- Take care of the property as a good father of a family.
- Make ordinary repairs needed because of normal use.
- Notify the owner of urgent extraordinary repairs and acts by third persons that may prejudice ownership.
- Return the property when the usufruct terminates, subject to the rules for consumable property and lawful improvements.
Evidence that may matter
- Will, deed, contract, court order or statute creating the usufruct
- Title annotations and registration records
- Inventory, condition reports and photographs at commencement
- Rental contracts, receipts and accounting for fruits
- Repair records, insurance documents and tax payments
- Proof of the stipulated term, death or another ground of extinguishment
Practical example
Lina gives naked ownership of an apartment building to her children but reserves lifetime usufruct. Unless the instrument provides otherwise, Lina may continue using the property and collecting rent during the usufruct. The children own the property subject to that right and ordinarily obtain full enjoyment when the usufruct ends.
Common misunderstandings
- The usufructuary is not the full owner. Use and fruits are separated from naked ownership.
- Usufruct is not automatically permanent. Death, expiration, consolidation, loss and other grounds in Article 603 may end it.
- Possession alone does not prove usufruct. The legal source and scope of the right must be established.
Frequently asked questions
Can a usufructuary sell the property?
A usufructuary generally cannot sell the naked owner’s property. The usufructuary may deal with the usufructuary right only within the law and the constituting title.
Who receives rental income during usufruct?
Rent is generally a civil fruit enjoyed by the usufructuary while the usufruct exists, subject to the instrument, accounting rules and rights accrued before or after the relevant period.
What happens when the usufructuary dies?
A lifetime usufruct ordinarily ends upon the usufructuary’s death. Full enjoyment consolidates in the naked owner unless the valid constituting title and applicable law produce a different result.
Related terms and next guides
Possession · Co-ownership · Fortuitous event · Property and ownership guides
Educational note: The constituting document can materially change the usufructuary’s powers and obligations. The Filipino explanation is not an official translation.
Jurisdiction: Philippines
Last reviewed: September 2026