After having his mother's property transferred to him and a usufruct created for her, a reader wants to know whether she can demand that he vacate the dwelling given that he is the registered owner according to the title deed. … [Read more...]
Search Results for: Usufruct
Can usufructuary ask registered owner to leave property?
My mother transferred her property into my name a few years ago on condition that I take care of her until her death. A usufruct in her favour was created for the property, which comprises a main dwelling, occupied by my family, and a granny flat, where she lives. My mother seems to have had a change of heart and has demanded that I and my family vacate the main house. I would like to … [Read more...]
Setting up usufruct on property to be inherited
I would like to know the process of setting up a usufruct over a property, which is owned by my father and that I will inherit in terms of his will. The value of the property is R3-million and his life expectancy is three to five years. Thank you, Usufruct Procedure See what the experts have to say. … [Read more...]
Setting up usufruct before owner’s death
A reader would like to know the process of setting up a usufruct over a property owned by her father that she will eventually inherit in terms of his will. … [Read more...]
Seller’s verbal usufruct causes uncertainty
I bought a farm for less than its market value and would like to know what my options are to remove the seller, who says he has a right to remain because of a verbal usufruct. Is there even such an agreement as a verbal usufruct? He never mentioned this at the time of the sale and after the transfer of registration he refused to leave because of the usufruct he claimed to have in his … [Read more...]
Validity of a verbal usufruct questioned
A reader who bought a farm for less than its market value wants to know what her options are to remove the seller, who says he has a right to remain because of a verbal usufruct. … [Read more...]
Difference between a usufruct and lease
A reader wants to know what the difference is between a usufruct and a lease development agreement, as well as what the positives and negatives are in respect of each concept. … [Read more...]
How does a usufruct differ from a lease?
Can you advise me what the difference is between a usufruct and a lease development agreement? Besides that, I would like to know what the pros and cons are in terms of each concept. Thank you, Clarifying Concepts See what the experts have to say. … [Read more...]
Rights governing a property under usufruct
I am the owner of a fixed property, on which my former husband has the right of usufruct. He has remarried and I would like to know whether his wife is permitted to live on the property. Secondly, could I sell the property? Thank you, Usufruct Clarification See what the experts have to say. … [Read more...]
Usufructuary’s rights over fixed property
The rights of a usufructuary and the sale of a property over which a usufruct is registered take centre stage this week. … [Read more...]
Usufructuary’s lease with tenant under scrutiny by owner
My mother sold her home to her step-daughter with the condition that she would retain a right of usufruct over the property. She receives a small income from a flatlet joined to the house, but the step-daughter's husband wants to see the lease agreement she has with the tenant. He wants to take my mother to court if he does not get his way to view the agreement. Meanwhile, the … [Read more...]
Owner’s right to view usufructuary’s lease with tenant
A reader's mother has sold her house to her step-daughter with an agreement that she retains the right of usufruct over the property. … [Read more...]
How to determine the value of a usufruct
A reader who holds a usufruct over a townhouse, which is registered in her stepdaughters' names, wants to know how she can determine the usufruct's value. … [Read more...]
What is a usufruct worth?
I am 68 years old and have a lifetime usufruct over the freestanding and bond-free townhouse in which I reside. The property is registered in the names of my two stepdaughters. We want to sell the townhouse, which is valued at R2.75-million, and to equitably distribute the proceeds from the sale. Can you tell me if my usufruct has a value and how that can be determined? Thank … [Read more...]
How do I use usufruct I didn’t know about?
My father owns a usufruct over a property which he only became aware of recently. … [Read more...]
Usufruct holder: How does he exercise his rights?
Having recently discovered that he owns a usufruct over a property, the holder's son wants to know how his father can exercise his rights. … [Read more...]
Can a usufruct be withdrawn due to negligence?
Can a usurfruct be withdrawn, if the person holding the usurfruct allows the property to deteriorate badly? Unsure usufructuary See what the experts have to say here. … [Read more...]
Usufruct: rights and obligations
A reader approached our property experts about the way a usufruct operates, especially concerning the rights and obligations of the person using the property. … [Read more...]