The usufructuary's renunciation of his right

Practical application:

The case law clarifies that renunciation of usufruct does not require a special form; a clear and unequivocal intention is sufficient. The landlord should obtain a written statement from the tenant confirming the renunciation, signed and dated, and keep it as proof. No notarized deed is necessary, but to avoid future disputes, the landlord may request a formal letter or email. The landlord then recovers full ownership immediately.

Practical application:

The case law confirms that the usufructuary's renunciation is valid even without a formal deed, as long as it is certain and unequivocal. The buyer should gather evidence of the renunciation, such as emails or letters from the usufructuary, and consult a notary to record the renunciation at the land registry. This will clear the title and allow the sale to proceed. If evidence is weak, the buyer may ask the usufructuary to sign a formal acknowledgment.

Practical application:

The case law states that renunciation must be certain and unequivocal. The bare owner must prove the usufructuary's intention was clear, e.g., through witnesses or written correspondence. To prevent future disputes, the bare owner should have asked the usufructuary to sign a written renunciation at the time. Now, he should gather any evidence (texts, emails, witness statements) and seek a court declaration if necessary. The notary may require a court order to remove the usufruct from the title.