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Sample Contract Granting The Right of Usufruct

The document discusses usufruct contracts and provides two sample contracts granting usufruct rights. A usufruct contract refers to the registered right to use, possess, manage and occupy another's real property for one's lifetime or up to 30 years, after which the property reverts to the owner. The samples contracts establish the terms of usufruct rights between a covenantor and covenantee, including responsibilities for maintenance, taxes, and reversion of rights.

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Gem Cruz
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0% found this document useful (0 votes)
82 views

Sample Contract Granting The Right of Usufruct

The document discusses usufruct contracts and provides two sample contracts granting usufruct rights. A usufruct contract refers to the registered right to use, possess, manage and occupy another's real property for one's lifetime or up to 30 years, after which the property reverts to the owner. The samples contracts establish the terms of usufruct rights between a covenantor and covenantee, including responsibilities for maintenance, taxes, and reversion of rights.

Uploaded by

Gem Cruz
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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A usufruct contract (Thailand) refers to the registered right to use, possess,

management and occupy another man's real property for one's lifetime or up to 30 years. A
usufruct right exists as long as the holder(s) of the usufruct rights is alive, but after his or her
death the real estate property reverts back to the owner.

SAMPLE CONTRACT GRANTING THE RIGHT OF USUFRUCT

Made at: .....................................


Dated: ...........................................
This contract is made between:
 
Mr./Mrs./Miss ............................................................ residing at No........,
Soi......... .............. ............, ...................... .................................... ................. Road, Tambon.........
............................., District of...... ........................ ................., Province.............................,
hereinafter called the “Covenantor” and

Mr./Mrs./Miss ................................................ .........., residing at No..........,


Soi................ ...................., ................... ........... ...... Road, Tambon................. ..........., District
of.............................. Province of ........................................, hereinafter called “Covenantee”.

Whereas the Covenantor is the lawful owner of ...................., hereinafter called the “Property”;

Parties to this contract agree to the following terms and conditions:


1. The Covenantor agrees to grant the Covenantee the usufruct of the Property, with
possession, use and enjoyment of the said Property, as well as the right of management
of the Property.
2. Such usufruct rights shall remain enforce for a period of.............years.
3. In case of death of the Covenantee prior to expiration of the rights of usufruct granted
herein, this contract shall be deemed extinguished, and shall not be transferable by way
of inheritance.
4. In using the usufruct, the Covenantee shall take as much care of the Property as a person of
ordinary prudence would take of his own property.
5. The Covenantee shall not transfer the usufruct to any other persons or unrelated outsiders,
except with the Covenantor’s prior written consent.
6. The Covenantee shall not use the Property for any unlawful purposes.
7. The Covenantee shall keep the substance of the Property unaltered; and shall undertake
ordinary maintenance and petty repairs.
8. The Covenantee shall bear all expenses for the management of the Property; pay taxes and
duties; and be responsible for all interest payments on debts charged upon it.
9. The Covenantee shall insure the Property against loss for the benefit of the Covenantor
throughout the period of this contract; the insurance premium of which shall be borne
by the Covenantee.
10. In case of breach of contract by one party, the other party has the right to terminate the
contract.
This contract is made in duplicate. The parties to the contract having read and
understood the entire substance of the contract hereby sign their names in the presence of
witnesses.

................................ ................................
Covenantor Covenantee

Signed in the presence of:

................................ ................................
Witness Witness
DEED OF GRANT OF USUFRUCTUARY RIGHTS
KNOW ALL MEN BY THESE PRESENTS:

This Deed of Grant of Usufructuary Rights entered into by and between: 

_____________ ,   o f   l e g a l   a g e ,   F i l i p i n o , ( s i n g l e   /   m a r r i e d   / widow),
a n d a   r e s i d e n t   o f    _____________ ,   P h i l i p p i n e s , (hereinafter referred to as
the "GRANTOR "; and
______________ ,   o f   l e g a l   a g e ,   F i l i p i n o , ( s i n g l e   /   m a r r i e d   / widow),
a n d   a   r e s i d e n t   o f    _____________ ,   P h i l i p p i n e s , (hereinafter referred to as
the "GRANTEE";
 
W I T N E S S E T H:

WHEREAS, t h e G R A N T O R i s t h e t r u e a n d r e g i s t e r e d o w n e r o f a c e r t a i n
m o t o r   vehicle, more particularly described as follows:

Make: _____________  Motor No.: _____________ 


Series: _____________  Chassis No.: _____________ 
Type of Body: _____________  Plate No.: _____________ 
CR No.: _____________  MVRR No.: _____________ 

WHEREAS, the GRANTOR desires to give the GRANTEE the right of usufruct


over the aforedescribed motor vehicle with the latt er having the full right to the
possession, u s e a n d e n j o y m e n t o f t h e s a i d m o t o r v e h i c l e i n r e t u r n f o r i t
a s s u m i n g t h e o b l i g a ti o n t o shoulder the yearly registration fees, insurance, and other
charges over the said motor vehicle,a s w e l l a s t h e o b l i g a ti o n t o m a k e t h e
n e c e s s a r y m a i n t e n a n c e a n d r e p a i r s t o p r e s e r v e t h e vehicle during the lifetime of
the usufruct.

NOW THEREFORE, for and in consideration of the mutual agreements, covenants and stipulations
hereinafter set forth, the GRANTOR hereby transfers and conveys unto the GRANTEE by way of
USUFRUCT the aforedescribed motor vehicle, subject to the following terms and conditions:

1 . T h i s g r a n t   o f U s u f r u c t s h a l l b e   v a l i d a n d b i n d i n g d u r i n g t h e e n ti r e
l i f e ti m e o f t h e GRANTEE subject to the condition that(he/she)shall actually retain
possession andcontrol of the motor vehicle covered by the grant;

2 . T h e G R A N T E E s h a l l p a y a n d b e l i a b l e f o r a l l r e g i s t r a ti o n f e e s ,
i n s u r a n c e , t a x e s , licenses, permits, duties, levies and such other charges as the
Government or any of its instrumentalities and agencies may impose by reason of the use and
operation of the motor vehicle and/or arising out of this agreement and its implementation;

3.The GRANTEE may make improvements on the motor vehicle


s u b j e c t o f   t h i s g r a n t and may make any additi on, alterati on or improvements on
the vehicle without the prior approval of the GRANTOR,
provided such additions, alterations or i m p r o v e m e n t s i s   n e c e s s a r y   i n   t h e s a f e   a n d
p r o p e r   o p e r a ti o n   o f   t h e v e h i c l e   o r   i s desirable in order to maximize the use for which
it was intended;

4 . T h e G R A N T E E   s h a l l ,   a t (his/her)own expense, make all necessary


maintenance andrepairs to keep the motor vehicle in good running condition and to prevent it
and allits accessories from deteriorating in value or condition during the term of the grant
DEED OF USUFRUCT

KNOW ALL MEN BY THESE PRESENTS:

This DEED is made and executed by and between:

The CITY GOVERNMENT OF GENERAL SANTOS, a government political subdivision,


created under the laws of the Republic of the Philippines, with office address at the City Hall
Drive, City Hall, General Santos City, represented in this instance by its City Mayor, Hon.
RONNEL C. RIVERA, hereinafter referred to as the OWNER; -and

The GENERAL SANTOS CITY GOVERNMENT EMPLOYEES MULTI PURPOSE COOPERATIVE,


a cooperative created pursuant to Republic Act No. 6938, as amended by R. A. 9520, with
principal office address at Matalam Street, General Santos City, represented in this instance by
its Chairman, NELSON P. SUNIO, hereinafter referred to as the USUFRUCTUARY.

WITNESSETH:

WHEREAS, paragraph 2, Article 62 of Republic Act No. 9520 provides that "[C]ooperative
organized among government employees, notwithstanding any law or regulation to the
contrary, shall enjoy the free use of any available space in their agency, whether owned or
rented by the government"; .

WHEREAS, pursuant to Sangguniang Panlungsod Resolution No. 294, Series of 2013, the
OWNER has allocated a parcel of land containing an aggregate area of ONE HUNDRED THIRTY
(130) square meter portion of Lot 7009 within the Government Center as the site of the
General Santos City Government Employees Multi-Purpose Cooperative (GSCGEMPC) situated
at Matalam Street, this city (A copy of the Sketch Plan with the technical description is hereto
attached as Annex 11 A" to form part hereof;

WHEREAS, the OWNER, by these presents offers for the use of the USUFRUCfUARY a
ONE HUNDRED THIRTY (130) square meter portion of Lot 7009 within the Government Center
as the site of the General Santos City Government Employees Multi-Purpose Cooperative
(GSCGEMPC) situated at Matalam Street, this city (A copy of the Sketch Plan with the technical
description and the exact location of the site is hereto attached as Annex 11 A" to form part
hereof;

WHEREAS, the USUFRUCfUARY accepts the above-stated offer of the OWNER with
gratitude and deep appreciation.

WHEREAS, pursuant to Resolution No. __, dated of the Sangguniang Panlungsod, the
City Mayor Hon. RONNEL C. RIVERA, has been authorized to sign, execute and deliver this Deed
of Usufruct for and in behalf of the City of General Santos;

WHEREAS, pursuant to Resolution No. 009, dated July 5, 2013, of the General Santos
City Government Multi-Purpose Cooperative, Chairperson NELSON P. SUNIO has been
authorized to enter into, sign and accept in behalf of the said cooperative;

NOW THEREFORE, for and in consideration of the foregoing premises and of the mutual
covenants hereinafter contained, the parties hereby agree to the following terms and
conditions:

1. TERM- The term of the usufruct shall be for five (5) years, renewable at the discretion
of the City Government and/ or the USUFRUCfUARY is hereby given the right and privilege to
use 1 the SITE as the future site for the establishment of its office and construction of its
building at the mentioned lot and to provide facility which will enhance efficiency and
productivity of the cooperative attending to the needs of its employees-members;

2. OWNERSHIP - while the usufruct and/ or the beneficial use of the SITE is transferred
to USUFRUCI'UARY, the ownership and title of the SITE remains with and continues to be in the
name of the OWNER. Upon the expiration or non-renewal of the contract, improvements
introduced on the site shall accrue to the City Government.

3. INTRODUCTION OF INFRASTRUCTURES, FACILITIES AND IMPROVEMENTS. - the


OWNER shall provide, introduce and/ or maintain proper infrastructures, facilities and
improvements, e.g. electricity, communication and water facility that shall make the SITE
sustainable and viable for the USUFRUCTUARY.

4. MAINTENANCE OF CLEANLINESS AND PEACE AND ORDER- the OWNER shall maintain
the cleanliness and peace and order in the common areas of the SITE while the USUFRUCI'UARY
shall be responsible for maintaining the cleanliness and peace and order in the area in usufruct.

5. OTHER TERMS AND CONDITIONS.

5.1 The SITE shall be used exclusively by the USUFRUCTUARY as future site for
the establishment of its office and construction of its building, however the City
Government when the necessity arises can use the site and any of its improvements
introduced free of charge;

5.2 The USUFRUCTUARY, upon proper coordination with the OWNER, may
construct a building; introduce other structures, facilities and/ or improvements that
may be necessary for the proper and beneficial use of the SITE;

5.3 The USUFRUCTUARY shall construct and maintain its building and/ or
facilities, structures and improvements in the SITE in accordance with local ordinance
and/ or national laws on environmental safety, maintenance and preservation.

IN WITNESS WHEREOF, the herein parties have set their hands this __ day of _______
2013 at General Santos City, Philippines. CITY GOVERNMENT OF GENERAL SANTOS GENERAL
SANTOS CITY

GOVERNMENT EMPLOYEES
Owner
Represented by:

RONNEL C. RIVERA
City Mayor

MULTI PURPOSE COOPERATIVE


Usufructuary
Represented by:

NELSON P. SUNIO
Chairman, GSCGEMPC

SIGNED IN THE PRESENCE OF:

_______________________ __________________________

ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) CITY OF GENERAL SANTOS ) x- - - - - - - - - - -


- - - - - - - - - - - - - x BEFORE ME, this __ day of 2013, at General Santos City, Philippines,
personally appeared the following persons, to wit Name Comm. Tax Cert. No. Place Issued Date
Issued RONNEL C. RNERA NELSON P. SUNIO Known to me to be the same persons who
executed the foregoing Deed and who acknowledged to me that the same is their free and
voluntary act and deed of the entities that they represent in this instance. This Deed, consisting
of three (3) pages, including the page on which this Acknowledgement is written, signed by the
Parties and their instrumental witnesses, refers to a Deed of Usufruct of a parcel of land. •
WITNESS MY HAND AND SEAL at the place and on the date first above-written. Doc. No. Page
No. __ Book No. Series of 2013. 3

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