Usufruct of property in Syria: What is it and what is the difference between it and ownership?

A person may be the owner of a property in Syria, while another person has the right to use and benefit from this property. This situation is related to what is legally known as the right of usufruct, which temporarily separates property ownership from its use and benefits.

So, what is the right of usufruct in real estate in Syria? What is the difference between the usufructuary and the bare owner? Can a property subject to a usufruct right be sold?

What is the right of usufruct in real estate in Syria?

The Syrian Civil Code defines usufruct as a real right to use and exploit something owned by another. Its nature is temporary, as it necessarily ends with the death of the usufructuary, in addition to other reasons regulated by law.

In summary: ownership belongs to one person, while the use and exploitation belong to another, without transferring the original ownership of the property.

What is the difference between usufruct and property ownership?

When a usufruct right is established, the powers of ownership are divided between two parties: the usufructuary, who has the powers of use and exploitation, and the bare owner, who retains the power of disposal. For a broader understanding of the property ownership system in Syria, you can refer to Property Ownership in Syria.

What rights does the usufructuary have?

Using the property

This includes living in the property according to its nature and the right established upon it.

Exploiting the property

This means benefiting from its fruits or revenues within legal limits. The Syrian law explicitly regulates the usufructuary's right to use the property, as well as their right to its fruits, without extending to the right to dispose of the original property.

Does usufruct mean the usufructuary becomes the owner of the property?

No, the right of usufruct does not make the usufructuary the bare owner of the property.

What the usufructuary possesses is only the right of use and exploitation, while the original ownership (bare ownership) remains with the first owner and does not transfer to the usufructuary as long as the usufruct exists.

How does the right of usufruct arise in Syria?

The right of usufruct arises by human will and can be established for a specified period or under a condition, as regulated by the Syrian Civil Code. When this right concerns a property, it is linked to registration in the real estate registry, according to specialized Syrian legal sources.

How does the right of usufruct appear in the real estate registry?

The real estate usufruct right is not just a verbal agreement between two parties; real property rights are linked to registration in the real estate registry according to applicable provisions, and specialized Syrian legal sources confirm that a usufruct right over a property is not established except by official registration. To know the difference between the title deed and its record.

You may be interested in: The difference between the title deed and the real estate record.

Can a property with a usufruct right be sold?

The existence of a usufruct right on a property does not mean that the usufructuary becomes the bare owner, so it is necessary to distinguish between disposing of bare ownership and disposing of the usufruct right itself.

Practically, the bare owner can sell their property even if a usufruct right exists, but the presence of this right affects what the buyer actually obtains in terms of powers over the property; the buyer acquires the bare ownership with the usufruct right remaining for its holder until it ends according to its legal provisions, not the property free of all encumbrances.

Can the usufructuary waive the right of usufruct?

Yes, the law allows the usufructuary to waive their right for free or for compensation, unless the deed establishing the usufruct states otherwise. However, the important point here is that the right remains linked to the person of the original usufructuary and expires upon their death, not upon the death of the person to whom they assigned the right.

Does the right of usufruct transfer to heirs?

The right of usufruct linked to the person of the usufructuary does not continue to their heirs after death, because the Syrian Civil Code stipulates that it necessarily ends with the death of the usufructuary. The right is personal by nature and is not treated as inheritable ownership.

When does the right of usufruct end?

The most prominent reasons for the termination of the right of usufruct according to the Syrian Civil Code are:

• The expiration of its specified term.

• The death of the usufructuary.

• Total destruction of the property.

• Waiver of the right by the usufructuary.

• Forfeiture of the right due to misuse.

• The union of the qualities of usufructuary and property owner in one person.

The important point in real estate here is that the lapse of the right has no legal effect until the entry is deleted from the real estate registry, i.e., it is officially removed from the property record.

What is the difference between usufruct and lease?

Usufruct is a real right that directly attaches to the property itself, while a lease creates a personal right for the tenant against the landlord only, without direct authority over the property itself. This essential difference distinguishes the two rights legally, despite their apparent similarity in benefiting from the property.

What is the difference between usufruct and surface right?

Usufruct means using and exploiting property owned by another, while the surface right is related to the ownership of buildings, structures, or plantations existing on land owned by someone else. Both rights separate some ownership powers from others, but their legal nature is completely different.

You may be interested in: Surface right in Syria.

What should be checked before buying a property with a usufruct right?

Before proceeding to buy a property subject to a usufruct right, it is useful to check the following points:

• Who is the bare owner?

• Who is the usufructuary?

• Is the right actually registered in the real estate registry?

• What is the deed establishing the right?

• Is it limited to a specific term or condition?

• Are there other rights or restrictions on the property?

• What can the buyer actually do with the property during the usufruct period?

• Are there recent records confirming the continuation or deletion of the right?

Understanding these points in advance provides real legal protection for the buyer, and you can find more details about how to protect yourself legally when buying a property in Syria?

Discover available properties in Syria with Imtilak

Understanding the rights registered on a property, such as the right of usufruct, is an important part of studying any property before purchase. If you are looking for a real estate opportunity with clear ownership and free of undesirable encumbrances, you can browse properties for sale in Syria on the Imtilak platform, or contact the Imtilak team directly to learn about available options.