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Did you know the following about a Usufruct?
19 September 2019,
Dawid Basson
1970
Where a person has a right to use and enjoy the property belonging to another person (known in legal terms as a usufruct) and the property in question is sold to a new owner, the usufruct must be cancelled in the deeds office provided that the usufructuary consented to same. The property will then be transferred to the new owner free of the usufruct and the usufructuary will no longer be entitled to such a right. In the alternative the property can be transferred subject to the usufruct. In this instance the usufruct continues uninterrupted and no consent from the usufructuary is necessary. The holder of the usufruct will still be in a position to exercise his/her rights against the new property owner.
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