Nießbrauch

Nießbrauch is a legal concept primarily found in civil law jurisdictions, particularly Germany, Austria, and Switzerland. It translates roughly to "usufruct" or "right of use and enjoyment." Nießbrauch grants a person, known as the Nießbraucher, the right to use and benefit from another person's property without owning it. This right is typically established for a specific period or for the lifetime of the Nießbraucher.

The Nießbraucher has the right to derive income and other advantages from the property, such as collecting rent from a building or harvesting crops from agricultural land. However, the Nießbraucher is generally obligated to maintain the property in good condition and not to alter its substance. The owner, while retaining legal title, is restricted in their ability to use or dispose of the property during the existence of the Nießbrauch.

Nießbrauch is often used in estate planning or as a way to provide for a surviving spouse or other family members. For instance, a person might grant their spouse Nießbrauch over their home, allowing the spouse to live there and benefit from it while the children inherit the ownership. The specifics of the rights and obligations associated with Nießbrauch are determined by the agreement establishing it and the relevant legal provisions.