Usufructary

History

Under Roman law, usufruct was a type of personal servitude (servitutes personarum), a beneficial right in another's property. The usufructuary never had possession (in the legal sense) of the property (on the basis that if he possessed at all, he did so through the owner), but did have an interest in the property itself for the specified period (either a set term or a lifetime). Unlike the owner, the usufructuary did not have a right of alienation (abusus), but could sell or lease the usufructuary interest. Even though the usufructary did not hold possessory title, he had a cause of action against infringements on his usufruct rights by a third party, such as theft of goods from the property.