Also known as: use
Written by attorneys · grounded in primary & secondary sources — see below
A personal servitude in Roman law that grants the holder the right to use another's property without any right to its fruits or produce. The right is strictly limited to personal use and does not extend to alienation or exploitation of the property's output.
Uriah Urban held a usus right allowing him to use a neighbor's shed for storage during daylight hours only. When he forced the door open after sunset to retrieve tools, the limited consent did not authorize the entry. The use exceeded the scope of his servitude and constituted a trespass.
Umeko Uchida held a usus right over a parcel of land near a port. She used the land solely for walking and picnicking but could not harvest or sell any crops grown there. Any attempt to collect the fruits would exceed the servitude and expose her to an action by the owner.
Ulrike Ulrich, a sitting judge, held a usus right in a family member's vacation home. She used the property for personal weekends without compensation and without appearing as counsel in any proceeding. The usus right permitted her own use but did not allow her to practice law on behalf of others.
Select any source to read its text and confirm it supports the definition.
Usman Uddin once held a usus right in a commercial building that his former client had owned. He could occupy a single office for personal work but could not lease out other floors or collect rent from subtenants. Any attempt to exploit the building's output violated the servitude.
Una Ueda held a usus right in a warehouse and appointed an agent to oversee personal storage. The agent, exercising ordinary care, learned that structural repairs were needed to preserve the right of use. Both principal and agent were charged with that knowledge under the duty of due care.
Ursula Ureña held a usus right in a leased apartment intended solely for personal residence. On the date possession began, the unit lacked working plumbing and heat, rendering it unsuitable for residential use. She could terminate the lease before entry because the property failed to support the contemplated personal use.
Usus grants only the right to use the property for personal purposes. Usufruct additionally confers the right to collect and enjoy the fruits or produce of the property.
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No. Usus is a personal servitude that attaches to the holder and cannot be alienated or transferred to third parties.
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No. The right is limited to use that preserves the property for its owner. The holder may not consume or destroy the thing itself.
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Modern law does not employ the Roman term usus, but analogous limited personal rights of use appear in easements and licenses that grant use without fruits.
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…and Twenty-second Amendments, as well as in §§ 2 and 3 of the Fourteenth Amendment. But in nearly all these instances, the use of the word is such that it has application only postnatally. None indicates, with any assurance, that it has any possible pre-natal application. All this, together with our observation,…