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.