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Posted
I think the last section 1428 should cover that possibility. Best of luck in your endeavours!!!

The way i read this section is that if the person dies then the owner has 1 year from the time he found out the person died to take back the land. It does not say what happens after that. Since the usufruct is only for that person's lifetime then it would end on his death and is not inheritable. In order to pass it on you would have to transfer it before you die.

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Posted
I think the last section 1428 should cover that possibility. Best of luck in your endeavours!!!

The way i read this section is that if the person dies then the owner has 1 year from the time he found out the person died to take back the land. It does not say what happens after that. Since the usufruct is only for that person's lifetime then it would end on his death and is not inheritable. In order to pass it on you would have to transfer it before you die.

Yeah, I agree. It seems that a usufructary (the "tenant" as listed on the chanote) can sublet the porperty but in any event the usufruct is dissolved and the sublet agreement also so it seems at the time of the death of the original usufructary (original tenant, the person whose name is listed on the chanote).

Posted
I think the last section 1428 should cover that possibility. Best of luck in your endeavours!!!

The way i read this section is that if the person dies then the owner has 1 year from the time he found out the person died to take back the land. It does not say what happens after that. Since the usufruct is only for that person's lifetime then it would end on his death and is not inheritable. In order to pass it on you would have to transfer it before you die.

Yeah, I agree. It seems that a usufructary (the "tenant" as listed on the chanote) can sublet the porperty but in any event the usufruct is dissolved and the sublet agreement also so it seems at the time of the death of the original usufructary (original tenant, the person whose name is listed on the chanote).

my understanding is that the usufructary's name is listed on the title deed, not the chanote...

Posted
I think the last section 1428 should cover that possibility. Best of luck in your endeavours!!!

The way i read this section is that if the person dies then the owner has 1 year from the time he found out the person died to take back the land. It does not say what happens after that. Since the usufruct is only for that person's lifetime then it would end on his death and is not inheritable. In order to pass it on you would have to transfer it before you die.

Yeah, I agree. It seems that a usufructary (the "tenant" as listed on the chanote) can sublet the porperty but in any event the usufruct is dissolved and the sublet agreement also so it seems at the time of the death of the original usufructary (original tenant, the person whose name is listed on the chanote).

my understanding is that the usufructary's name is listed on the title deed, not the chanote...

I think the chanote is the title deed.

Posted
I think the last section 1428 should cover that possibility. Best of luck in your endeavours!!!

The way i read this section is that if the person dies then the owner has 1 year from the time he found out the person died to take back the land. It does not say what happens after that. Since the usufruct is only for that person's lifetime then it would end on his death and is not inheritable. In order to pass it on you would have to transfer it before you die.

Yeah, I agree. It seems that a usufructary (the "tenant" as listed on the chanote) can sublet the porperty but in any event the usufruct is dissolved and the sublet agreement also so it seems at the time of the death of the original usufructary (original tenant, the person whose name is listed on the chanote).

my understanding is that the usufructary's name is listed on the title deed, not the chanote...

I think the chanote is the title deed.

yeah...you're right; I was thinking house registration vs. chanote rather than 'title deed' vs chanote which are the same...

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