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GABOYA V.

CUI

Q: X alleges that since he has usufruct over the land, he hasusufruct or share in the rentals earned through the constructed building. Is he correct?

 A: No. The reserved right of the vendor on a parcel of land doesn’tinclude rentals from the buildings subsequently constructed on thevacant lots, but  that it did entitle the usufructuary to a reasonablerental for the portion of the land being occupied by the building.

 VDA. DE

 ALBAR V.CARANGDAN

G

Q: Does a life usufruct constituted on the rentals of the building include the rentals on both the building and on the land on which it 

is erected? A: Yes because the building cannot exist ithout the land. Hence,the usufruct isn’t extinguished by the destruction of the building, for under the law, usufruct is extinguished only by the total loss of thething subect of the encu!brance.

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NHA v. CA A usufruct may be constituted for a specified term and

under such conditions as the parties may deem

convenient subject to the legal provisions on usufruct.

A usufructuary may lease the object held in usufruct.

The owner of the property must respect the lease

entered into by the usufructuary so long as the usufruct

exists.

 However, the owner of the property has the right to

evict the usufructuary if the usufructuary other than

those covered by the usufructuary rights.

The law clearly limits any usufruct constituted in favorof a corporation or association to 50 years. A usufruct is

meant only as a lifetime grant. nli!e a natural person,

a corporation or associations lifetime may be extended

indefinitely. The usufruct would then be perpetual. This

is especially invidious in cases where the usufruct

given to a corporation or association covers public

land.

Moralidad v.

Pernes

Q: Is the condition that all the "in in the lot !aintain ahar!onious relationshi# with one another a valid condition for ausufruct?

 A: Yes. The usufruct as thus extinguished by the fulfillment of theresolutory condition on hich the contract as hinged!that is,that the harmonious relationship ould be maintained.

Q: $re they builders in good faith thus entitled to rei!burse!ent for the house?

 A: No. "ivil "ode provides that a usufruct may ma#e improvementsas he may deem proper, but he shall have no right to beindemnified for improvements. Thus, the $pouses ould not bereimbursed for the house.

Q: If the builder is a usufructuary, what are his rights? A: %f the builder is a usufructuary, his rights ill be governed by Arts. &'( and &)*. Also, the terms of the contract and the pertinentprovisions of la should govern

Rivera v.

Rivera

"# The usufructuary was able to win an ejecment suit.

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