Module 122 min2836 wordsFree — no account
The usufruct: passing on ownership, keeping the income
The module’s worked examples, then cases to attempt before revealing their solution · 1 section · 211 words · 2 min
Practical case
Who pays for what in the usufruct building?
In 2024 a mother transfers a rental building to her son and reserves a registered usufruct. A land charge securing a loan has rested on the building since 2015. In 2026 the following arise: property tax, loan interest, the principal instalment, repainting the stairwell and the complete replacement of the roof. The contract says nothing about costs. Who bears each item?
Hint: Go through the items one by one and assign each to section 1041 or section 1047 BGB. Pay attention to what these provisions expressly name and what they do not.
Show the solution
Property tax is an ordinary public charge and falls on the mother under section 1047 BGB. The same provision assigns her the interest on the land charge that already existed when the usufruct was created. Section 1047 does not mention repayment of principal, so that is not her burden. Repainting the stairwell is ordinary upkeep and falls on her under section 1041 BGB. Replacing the whole roof goes beyond that; the statute does not impose it on her, but she must report the damage without undue delay under section 1042 BGB. Because the contract is silent, the statutory split applies.
Answer: Mother: property tax, interest, repainting; not the mother: principal and new roof
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