Usufruct comes from the Latin meaning to enjoy the use of something. In the context of Spanish property, it is possible for a person to be given the usufruct of the property, meaning the right of lifetime use, whilst another person owns the bare legal property or “nuda propiedad”. This is frequently seen in Spanish Wills where, for instance, a husband or wife has the usufruct and the children own the bare property so reducing the amount of inheritance tax which would otherwise be payable if the husband or wife inherited the property outright.

What then are the rights and obligations of a usufruct holder of a property? Firstly, the usufruct holder has the right to exclusive possession of the property. Secondly, the ordinary expenses that go with living in the property such as the IBI (rates), water, electricity, gas etc are the responsibility of the usufruct holder. The rubbish collection tax is a little unusual in that it is technically the responsibility of the bare property owner but it can be recouped from the usufruct holder.

Ordinary repairs derived from the everyday use of the property such a broken tap, window or door lock, are also the responsibility of the usufruct holder.

Extraordinary repairs, those which do not arise from wear and tear or ordinary use, are the responsibility of the bare property owner. An example would be the replacement of old water pipes that have corroded due to age. There are, of course, “grey areas” where it is important to seek good legal advice.

If the property is in a community of owners, then the normal community fees (“cuotas ordinarias”) and also the part of the community insurance premium that relates to the property are the responsibility of the usufruct holder. On the other hand, one-off payments for works which the community of owners has agreed to carry out are normally the responsibility of the bare property owner. Examples would be the installation of a lift or works to repair damage to the structure of the building.

For advice on any legal problem, speak to the experts. A little well-timed advice can save a lot of upset, especially in cases of dispute.