Understanding the usufruct in South Africa
My mother has the usufruct on a flat in a complex since 1991.She pays the levy and electricity and general upkeep of the garden and the inside of the property. Now after all these years the daughter who is the heir has less that 2 weeks ago, insisted that she pay the rates and taxes as well. Is this legally my mothers responsibility and what advice can you please give us?
Good day. Please get a copy of the will that grants the usufruct and read the terms of the usufruct ( if any ). If there are no terms that covers rates and taxes , it is the duty of the usufructuary, your mum, to pay. The dominion holder, the daughter will be required to pay for fair wear and tear. For want of space please click on this useful article which explains rights and obligations in more detail: http://www.fullstopcom.com/media-room-mainmenu-18/columns/598-property-poser-usufructuary-liable-for-rates-and-taxes.html