Usufruct, usus, and habitatio are all types of personal servitudes, meaning they grant an individual the right to use and enjoy another person's property.
Usufruct gives the broadest rights, allowing the holder to enjoy the fruits and benefits of the property, even rent it out. Usus is more limited, granting the right to use the property personally, but not to the point of deriving income from it. Habitatio is the right to reside in a house, and can include renting it out, but doesn't grant the same level of use and enjoyment as usufruct.
Here's a more detailed breakdown:
Usufruct:
- The holder has the right to use and enjoy the property, including its fruits (income or profits).
- They can rent out the property and collect rent.
- The holder must maintain the property in a good condition.
- The usufruct is typically granted for a specific period or for the lifetime of the usufructuary.
Usus:
- The holder has the right to use the property for their personal needs and the needs of their family.
- They can't derive income from the property, such as renting it out or selling the fruits.
- Usus is a more restricted right than usufruct.
Habitatio:
- The holder has the right to live in the property, and their family can also live there.
- They can rent out the property or sublet it to others.
- Habitatio is distinct from usus and usufruct, as the holder primarily has the right to reside in the property.
- The holder is not permitted to materially change the essential nature of the property.






