USUF RUCT US, or USUSFRUCT US, and USUS, belonged to the class of Ser v antes Personarum or Personales among the Romans. Ususfructus is defined (Dig. 7, tit. 1, s. 1) to be "the right to use and take the fruits (fruendi) of what belongs to another without impairing its substance." Uses is defined (Dig. 7, tit. 8, s. 1, 2) to be the right " to use, but not to take the fruits (frui)." The objects of ususfructus might be land (fundus), houses (cedes), slaves, beasts of burden. and other things. He who was entitled to Ususfructus was called Use fructuarius, or Fructuarius. A right to a Ususfructus might be given to a person by testament, or it might be established by contract.
Generally, it may be stated that all the " fructus," or produce of a thing that ac crued during the time of enjoyment, belonged to the Fructuarius ; but his title to fructus was not complete till he had taken them, and it was a general rule that any "fructus" which had not been got in or taken at the time when the Uses. fructus ceased, did not belong to him. The law as to things that yield an increase, such as fruit-trees and animals, did not present many difficult questions. As to houses and lands, the questions were sometimes more difficult The Fructu arius was entitled to the rents and profits of houses during his time of enjoyment, and he was bound at least to keep them in sufficient repair, but probably not to rebuild them, if they were in a ruinous condition. He was bound to cultivate land in a proper husbandlike manner. He could work existing mines and quarries for his benefit, and he could also open new mines and work them. Generally his right of enjoyment consisted in using the thing so as not to damage the sub stance (salve rerun substantm; Ulpian, Dig. 7, tit. 1, s. 1). The fructuarius could maintain his rights to the ususfruc tus by actions and interdicts. The period of ususfructus might either be for a fixed time or for the life of the fructuarius. At
the termination of the period of enjoy ment, the thing was to be given up to the owner, who could generally require secu for its being properly used and given up in proper condition.
The uses of a thing, as already ex plained, was a right to the enjoyment of a thing, but not to the produce or profits of it. Yet in some cases the uses of a thing implied a right to a certain amount of produce. Thus the uses of cattle implied that the usuarius was entitled to a mode rate allowance of milk ; and a man who had the usus of an estate could take wood for his daily use, and could enjoy the fruits of the orchard and other things iu moderation. If a man had the usus of oxen, he could employ them for all per posse for which oxen are properly used. The duties of the usnarius resembled those of the fructuarius.
The rules of law which related to the Ususfructus and Usus were numerous. Many of them are collected in the Digest, lib. 7 ; see also Fragmenta Vaticaua,' De Usufructu ; and Miihlenbruch, Doc Irina Pandectarunt.
The Roman Servitntes Personarum were mere personal rights, which a man had as being a particular person. The rights which a man might have upon the land of another in respect of land of his own, were the Servitutes Praediorum or rerum : the land itself may here be viewed as the subject to which the rights were attached, and the person who posses sed the land had with it the rights which were attached to the land. The Easements of the English law comprehend rights of way, and the like, which a man has on or over the property of another in respect of being the owner or occupier of land to which such rights are attached, or by virtue of a grant.