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Term · Ownership and use

Right of use

The right of another person to use the property and receive the income from it, even though the owner is different.

Definition

The right of use is a limited right in rem, separate from ownership. Its holder may use the property for its intended purpose and under the terms on which the right was created. The owner retains title, but not necessarily unrestricted possession and use.

It may be created or retained by a registered deed. Depending on the circumstances, it may have a fixed term or last for the lifetime of the holder.

Example

What does it look like in practice?

A parent transfers an apartment to a child but retains a lifetime right of use. If the child later sells the property, the buyer should not assume they can move in immediately unless the right has been duly terminated and removed from the register.

An empty home on the day of the inspection does not prove the absence of such a right.

Common misconception

What is it commonly confused with?

A right of use is not an ordinary lease, an address registration or verbal permission to live in a property. It is a right in rem and may be enforced against a subsequent owner. Conversely, the mere fact that someone occupies a property does not mean that a registered right of use exists.

“The owner is selling” does not necessarily mean that the property will be delivered free of a holder's right of use.

Practical significance

Why does it matter?

For the buyer, the right may limit the main purpose of the transaction - personal use, rental or free resale. It also affects valuation, financing and affordability.

An unverified right of use can turn into a long-term conflict that is not resolved by obtaining a notarial deed.

What to ask

What should you check next?

Check the deeds and registrations for the right holder, scope, duration and termination conditions. If removal from the register is agreed before or at completion, require a precise sequence and documentary proof, not just a verbal promise.

Confirm with a lawyer and the notary whether the buyer will acquire the property free of the right of use and when possession will be handed over.

Sources

Check the official source

This content is educational and does not replace a qualified professional's review of the documents for a specific property.

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