usufructuary meaning: definition, etymology and quotations

usufructuary

adj

/ˌjuːz(j)ʊˈfɹʌkt͡ʃʊˌəɹi/ · /-tjʊ-/

Etymology From Late Latin ūsūfructuārius, from ūsūfructus (“a usufruct”) + -ārius (suffix forming a noun denoting an agent of use from another noun); compare French usufructuaire, Italian usufruttuario, Portuguese usufructuario.

Law Of or pertaining to a usufruct.

By this longobard Law the Tenant had only a uſufructuary poſſeſſion of the Fee, the Lord reſerving the propriety or Dominum directum to himself.1657, [Matthew Hale], “The Preface”, in A Treatise of the Just Interest of the Kings of England, in Their Free Disposing Power, and the Validity of Their Grants Made to Any of Their Subjects. And the History of Acts of Resumption, and How They have been Gain’d. Written at the Request of a Person of Honour, in the Year 1657, by a Person Learn’d in the Laws, Suppos’d My Lord Chief Justice Hales. To which is Added, a Prefatory Discourse, in Answer to a Discourse on Grants and Resumptions, and another of the Exorbitant Grants of W[illiam] III, London: Printed for Thomas Osborne in Gray's-Inn near the Walks, published 1703, →OCLC, page xvi:
[T]he French are not ſo ſcruplous; but in the abſoluteſt Monarchy of Europe, plainly declare that their King hath but a uſufructuary right to his Kingdom, and the Territories belonging thereunto, or that he can any way charge them with his debts, or alienate, or diſpoſe of them; without the conſent of the States of France, […]1681, “a Lover of Truth and of his Country” [pseudonym; James Tyrrell], “chapter IV”, in Patriarcha non Monarcha. The Patriarch Unmonarch’d: Being Observations on a Late Treatise and Divers Other Miscellanies, Published under the Name of Sir Robert Filmer Baronet. In which the Falseness of those Opinions that would Make Monarchy Jure Divino are Laid Open; and the True Principles of Government and Property (especially in Our Kingdom) Asserted, London: Printed for Richard Janeway, in Queens-head-Alley in Pater-Noster-Row, →OCLC, page 122:

1 more example

While water itself is personal property, a water right is a real property interest, a so-called usufructurary right, a right to use water from a specific source for a specific use.2001, The Journal of the Kansas Bar Association, volume 70, [Topeka, Kan.]: Kansas Bar Association, →ISSN, →OCLC, page 27, column 1:

usufructuary

noun

Law A person who holds property, or the use of assets, by usufruct; a fructuary.

It was queſtioned, whether Seius had ſtill the right as uſufructuary of the Profits; in regard Titius had only the property given unto him, without the fruits, and profits, belonging to Seius during his life, Julianus answered that Seius having drown'd his right as uſufructuary to the profits, in purchaſing the property, by conſolidating the ſeverall intereſts, The rights which were before diſtinguiſhed, being made one, Titius ſhall have the ſole, and full right in the Land, and Seius by his own act looſe the right of all profits, as uſufructuary to the ſame.1652, [Richard Zouch], “Of Profits, and Property Consolidated”, in Cases and Qvestions of Right and Judicature, Resolved in the Civil-Law, part I, Oxford: Printed by Leon. Lichfield, printer to the University, for Tho[mas] Robinson, →OCLC, title II (Of Title to Goods or Lands, and of Common Right or Property), section II (Of Speciall Right or Commodity), pages 36–37:
[T]hat great Aſſembly des notables called by K. Francis the Firſt, to give their Judgment of the Articles of Peace lately made with the Emperour Charles V. at Madrid, their ſenſe was, that Burgundy which by thoſe Articles was to be delivered up, was an inſeparable Member of the Crown, of which he was but the uſufructuary, and ſo he could not diſpoſe of the one any more than of the other; […]1681, “a Lover of Truth and of his Country” [pseudonym; James Tyrrell], chapter IV, in Patriarcha non Monarcha. The Patriarch Unmonarch’d: Being Observations on a Late Treatise and Divers Other Miscellanies, Published under the Name of Sir Robert Filmer Baronet. In which the Falseness of those Opinions that would Make Monarchy Jure Divino are Laid Open; and the True Principles of Government and Property (especially in Our Kingdom) Asserted, London: Printed for Richard Janeway, in Queens-head-Alley in Pater-Noster-Row, →OCLC, pages 122–123:

Synonyms: fructuary
Related terms: usufruct, usufruction

Entry derived from the Wiktionary, under licence CC BY-SA 4.0 — list of authors.