“That is why it is so important that a deceased bequeathing usufruit make financial arrangements for the maintenance of usufruit. Otherwise, he or she could unnecessarily incriminate the heirs or even cause them financial problems. A life policy is a very economical way to do it. If a mortgage has been registered prior to a lease, the legal situation is that the related property must be put up for sale subject to the lease. If the highest offer is not sufficient to cover mortgage debts, then the mortgage may insist that the property be sold without a thought contract. In this case, section 12 of the terms of sale provides for such a case. Counsel for the applicants correctly argued that the mortgage was registered after the usufruit, that the applicants` waiver of certain rights had placed the opponent of the first recourse in a situation similar to that of a mortgage with which the mortgage had been registered before a tenancy agreement. The applicants` waiver was decided to the extent that they would not exercise their rights against the rights of the opponent of the first recourse as a mortgage. Since an acceptable price was guaranteed for the property, the opponent of the first remedy could not complain of an infringement of the rights of the mortgage. It is also a banal law that more than one usufruit cannot exist at the same time on the same property.
In addition, with regard to the maxim nemo plus iuris ad alium transferre potest quam ipse haberet, no one can transfer more rights than he owns. It is therefore obvious that if a usufruit is located above a land already subjected to a usufruit, the second usufruit cannot be registered. To avoid this, the practice allowed the registration of a conditional usufruit. The registrars of the deeds allow the registration of the only dominium subject to the existing usufruit and the act remains conditional on the condition relating to the second usufruit (this is the conditional usufruit). The second usufruit is not registered and can only be claimed when the first usufruit expires by the owner of the single dominium. In preparation for Resolution 47 of the 1987 Conference of Chancellors, a Registrar of Facts will insist on the transfer of the conditional usufruit as soon as he becomes aware of the extinction of the first usufruit. Practitioners cannot rely solely on waiving the usufruit preference for borrowing for the transfer of unused land. The terms of the purpose of the sale determine whether the property should be sold and transferred subject to or free of the usufruit agreement.
In the usufruit, one person or group has the right to use the property of another. They do not have it, but they have a contracted interest in it. There are two types of usufruit: perfect and imperfect. In perfect usufruit, the usufruit can use the property and enjoy it, but cannot change it significantly. If z.B. the owner of a business becomes unable to act and gives a parent a usufruit to run the business for him or her, the usufruit may run the business, but cannot sell it or demolish and rebuild the building.