Legal Question in Real Estate Law in Florida

lifetime usufruct

can we get a lifetime usufruct on two people? and the one surviving can mantain the usufruct till his death?


Asked on 2/28/09, 9:00 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: lifetime usufruct

"Usufruct" is a concept of civil law (derived from Roman and Napoleonic law), not common law (derived from English law). Florida and all other states but Louisiana follow common law, so the answer to your question is no. However, there is a similar concept in common law called an "easement," which applies to property and not to people.

You can get an easement on property owned by two people and it can be maintained until death. That may be what you are looking for, but you'd have to describe more of what you need before I could answer your question.

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Answered on 2/28/09, 5:10 pm


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