Legal Definitions - usuary

The term usuary refers to a person who has the right to use a specific item or property, typically to meet their personal and family needs, without actually owning that item or property.

In essence, a usuary is granted the benefit of using something for their own sustenance, shelter, or general well-being, while the legal ownership remains with someone else.

Here are some examples to illustrate this concept:

• Estate Planning and Family Homes:

  Imagine a will where a deceased parent stipulates that their surviving spouse has the right to live in the family home for the remainder of their life. After the spouse's death, the home is then to be passed on to their children. In this scenario, the surviving spouse is the usuary of the home. They have the full right to use the property for their personal shelter and comfort, but they do not legally own it and cannot sell it or pass it on in their own will. Their right is limited to its use for their personal needs.

• Agricultural Use for Sustenance:

  Consider a large landowner who allows a local family to live on a small portion of their estate and cultivate a garden. The agreement specifies that the family can use all the produce from the garden solely for their own consumption and to feed their household, but they are not permitted to sell any of it commercially. Here, the family acts as the usuary of that garden plot. They are granted the use of the land and its bounty specifically to satisfy their personal and family's nutritional needs, without holding ownership of the land itself.

• Access to Shared Family Assets:

  A wealthy family establishes a trust that owns a vacation apartment. The trust document grants a specific family member, who is a student living far from home, the right to use the apartment during their university breaks for personal rest and study, provided they cover the utility costs during their stay. This student is the usuary of the apartment during those periods. They have the right to use the property to meet their personal need for temporary housing and a quiet space, without having any ownership stake in the apartment itself.