Citizens Advice Bureau

Housing, Land & Property Law

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Boundaries - "Relief" ( 11.8.54.L1 )
Clameur de Haro ( 4.6.0.L10 )
Control of Housing and Work Law Housing Status ( 11.5.0. )
Establishing ownership of property ( 11.8.52.L7 )
Eviction Proceedings ( 11.12.12 )
House Purchase - removal of goods ( 11.1.30.L4 )
Housing Regulations and Property ( 11.6.0 )
Housing Status - Methods of proving residence ( 11.5.0.L5 )
Joint ownership of property ( 11.1.54. )
Joint purchase / leasing ..... Married and unmarried ( 11.5.0.L12 )
Land measurements in Jersey ( 11.1.50.L5 )
Life enjoyment of property - "Usufruct" (11.5.20)
Lodgers and the Law ( 11.1.8.L4 )
Parish Rates and Appeals Procedure ( 11.8.40. )
Personal possessions left behind by a tenant or lodger ( 11.8.2 )
Purchase of Freehold Property (11.1.30.L2)
Purchase of property - Flying freehold ( 11.1.30.L7 )
Purchase of property - Share Transfer ( 11.1.30.L6 )
Registration of Tourism Properties / Keeping Records ( 11.8.0 )
Residential Statuses (11.5.0.L6)
Residential Tenancy Law / Agreements / Regulations and Orders / Condition Reports ( 11.1.14. )
Restrictive Covenants ( 11.8.54 )
Stamp duty on property purchase/transfer and death ( 11.1.50 )
Status of occupiers - ( 11.5.0.L7 )
Statutory Nuisances (Jersey) Law 1999 ( 11.8.52.L2 )
Three month exemption rule (11.1.15)
To obtain a copy of house deeds ( 11.1.50.L2 )
Transfer or Jersey realty into joint names ( 11.1.30.L5 )
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LOCAL INFORMATION

11.5.20
Life enjoyment of property - Usufruct

Extent: Jersey
Updated 25 November 2013

 

 

Rights of person with life enjoyment, "the Usufructier"

1 Individuals inheriting life-enjoyment of property may prefer to rent out the property and not live in it. The lease or agreement should carry a safeguard for the tenant to protect his interests when the property reverts to the residual legatee(s) (persons) who inherits.

2 Residual legatee(s) is/are responsible for structural maintenance of property. The residual legatee is the 'owner in waiting' and as such has a right to ensure that the property is being kept in good order by inspection and/or survey. Reasonable access should therefore be given by any tenant, or occupier with life enjoyment.

3 The tenant, or occupier with life enjoyment, will normally have the usual responsibility for maintaining the property in a good state of general repair and decorative order, unless there are special conditions applying.

Sale of the property

4 The Residual legatee(s) is/are entitled to sell the property subject to the occupier's life enjoyment, ie the new owner could not evict the occupant and must wait until the occupant dies, moves out (or remarries, in some circumstances) before occupying or letting the property. The Residual Legatee(s) may not introduce a servitude with the sale, but one may come into effect after the end of the life enjoyment. A servitude in this instance could be a right of way over the property, or a right to use of a well or septic tank etc.

5 Whilst a sale is being negotiated, the tenant or occupier with the life enjoyment must offer reasonable access for viewing by prospective purchasers or surveyors.