kasutusõigsus

Kasutusõigsus is an Estonian legal term that translates to "right of use" or "usufructuary right" in English. It refers to a limited real right that grants a person the right to use a property belonging to another and to derive benefits from it, without altering the substance of the property. This right is typically established by law or contract.

The holder of a kasutusõigsus, known as the usufructuary, has the right to possess and enjoy the property, including its fruits, products, and income. However, this right is limited by the obligation to preserve the substance of the property and return it in its original condition upon the termination of the right. The usufructuary cannot sell, mortgage, or otherwise dispose of the property itself.

Kasutusõigsus can be established over various types of property, including land, buildings, and even movable assets. It is often granted for a specific period or for the lifetime of the usufructuary. Common scenarios where kasutusõigsus arises include inheritance, where a surviving spouse might be granted the right to use the family home, or in agricultural contexts, where a tenant might have the right to cultivate land.

The termination of kasutusõigsus can occur due to various reasons, such as the expiration of the agreed period, the death of the usufructuary, or the mutual agreement of the parties involved. Upon termination, the property and its benefits revert to the owner. This legal concept plays a significant role in Estonian property law, balancing the rights of property owners with the needs of those who require the use and enjoyment of that property.