An appeal court, having found that two lots, wholly forming part of an estate, were distinct and that only one of them was actually occupied as the principal residence by the deceased and his wife at the time of death, to the exclusion of the other, which was in no way ancillary to it, correctly inferred that the life interests under Article 764 of the Civil Code were limited to the first lot referred to above.

Application pratique:

Under this case law, the life interest is limited to the lot actually occupied as the principal residence at death, here the house only. To protect your inheritance plans, review the exact boundaries of the property and document which parts were used as the main home. If you intend to leave the rental studio to other heirs, ensure the property is formally divided or clearly described to avoid disputes. Keep all leases, tax notices and photos proving the separate use.

Application pratique:

The case law confirms that if the deceased's principal residence was the main apartment and the storage room was not ancillary, the life interest does not extend to it. As a buyer, you should ask to see the estate inventory and any court decisions defining the life interest. Ensure the notary's deed clearly describes which lots are subject to the life interest, and obtain a specific warranty that the storage room is delivered free of any usufruct. If there is any ambiguity, request a formal court ruling or a special insurance before signing.

Application pratique:

Following this decision, the life interest is restricted to the lot that was actually and exclusively occupied as the principal residence at the time of death. You should gather evidence such as land registry plans, council tax records, and witness statements to show that the barn was not used as a residence and was not ancillary. If the parties cannot agree, a court will decide based on the physical separation and actual use. Before selling or sharing, consider having the property legally divided into two separate lots to avoid future conflicts. Keep all documents to prove the distinct character of each lot.