Kasutusvaldus

Kasutusvaldus is an Estonian legal concept that translates roughly to "usufruct" or "right of use and enjoyment." It is a type of limited real right that grants a person, the usufructuary, the right to use and derive profit or benefit from another person's property, while the ownership of the property remains with the owner. The usufructuary is generally obligated to preserve the substance of the property.

This right is typically established by a contract or by law. It can be granted over various types of property, including land, buildings, and even movable assets. For example, a usufruct could allow someone to live in a house owned by another or to cultivate land belonging to someone else. The terms and duration of the usufruct are usually specified in the agreement creating it.

The usufructuary has the right to possess and manage the property and to collect any fruits or income generated by it. However, they are also responsible for the maintenance and ordinary upkeep of the property. They cannot fundamentally alter the property or dispose of it. The owner retains the underlying ownership and can, in principle, sell the property, but the usufruct remains attached to it until its expiration.

Kasutusvaldus serves various purposes, such as providing accommodation or a source of income for individuals, or as a way to transfer the use of property without transferring ownership. The termination of kasutusvaldus typically occurs upon the expiration of the agreed term, the death of the usufructuary if granted for their lifetime, or through mutual agreement or legal provisions.