What is usufruct right?

According to the Turkish Civil Code, usufruct right is the right of a person to benefit from an immovable belonging to another person. Unlike the right of ownership, this right grants a limited authorization for the use of a property for a certain period of time. In other words, the usufruct right gives the person the authority to dispose of a property, while eliminating the status of being the owner of the property. The right of usufruct is usually exercised over immovable property and allows the owner to enjoy the benefits (use and income) of the property.

Features of usufruct right

The usufruct right has various legal aspects:

1. Right of Use: The usufruct right allows the owner to use the immovable property. For example, if a person has a usufruct right over a field belonging to another person, this person can harvest crops from the field.
2. Income Generation: The usufructuary has the right to collect the income generated from the immovable property. For example, a person who has usufruct rights in a house belonging to someone else can receive the rental income of the house.
3. Term Right: The usufruct right is limited to a certain period of time. This period may vary according to the agreement between the parties or the circumstances. In some cases, usufruct rights can last for life.
4. Good Use of the Immovable Property: The usufructuary is expected to use the property without reducing its value. In other words, he/she is obliged not to damage the natural structure of the immovable, not to harm it and to use it normally.
5. Termination of the Beneficial Right: The usufruct right may expire in various circumstances. These include the expiration of the usufruct right after the death of the usufructuary, the expiration of a certain period of time, the transfer of ownership of the property or the destruction of the property.

   Differences between Usufruct Right and Property Right

• Property Right The right that is the broadest authority of a person over immovable property is called property. The owner of the property can perform any kind of transaction on the immovable property (such as selling, renting, building, etc.). While the right of ownership provides the right of use and disposition, the right of usufruct only provides the right of use and income generation.
• Usufruct Right: The usufruct right only grants the right to use and benefit from the income of the immovable property, but does not grant the authority to dispose of the immovable property like the property right. Therefore, the usufruct right holder cannot sell the immovable property to someone else or build on it.

Areas of Use of Usufruct Right

Beneficial ownership is often associated with situations such as inheritance, family arrangements or investment planning. For example

• Between Family Members: A person may grant usufruct rights over immovable property to his or her children or spouse. This allows the family to benefit from the property while protecting the person's assets.
• Inheritance Situations: Granting usufruct rights to heirs means that instead of transferring ownership of the property, only the right to use it is granted. Heirs can benefit from this property, but cannot sell it.
   
• Public Spaces and Leases: Usufruct can also be used in lease agreements. For example, a person may grant the usufruct right of an immovable property to another person and generate income from it.

• Duration and Termination of Usufruct Rights

  The usufruct right may be limited to a certain period of time according to the agreement between the parties. It expires when the term expires or upon the death of the right holder. For example, a person may exercise usufruct right on immovable property for 10 years. When the term expires, this right expires.