Blackstone writes that our ancestors, if provided merely a usufructuary
right of property, would not seek to improve upon it in a way that would make life "more easy, commodious, and agreeable; as, habitations for shelter and safety, and raiment for warmth and decency.
It is from this interaction that indigenous peoples retain, albeit in truncated form, usufructuary
hunting, fishing, and gathering rights in a manner that would otherwise be prohibited by applicable law.
Under customary law relating to the occupation of foreign territory, generally after an armed conflict, the occupier-administrator cannot derive any comprehensive responsibilities other than the usufructuary
The new Real Right Law gives legal protection to private property ownership, in addition to lesser, usufructuary
interests ensuing from the decentralization of the economy.
1996) (on rehearing) (rejecting "open mines approach" and holding that 91 year old usufructuary
is entitled to clear cut 143 acre tract of "timberlands" that had never been professionally harvested in the past, over the objection of 70 year old naked owner who sought to limit harvest to selective cutting, on the basis that a clear cut and replanting with genetically modified seedlings would commence a plan of prudent timber administration of the tract).
172 (1999) (applying the canons of construction to find that an 1855 treaty did not abrogate the Tribe's usufructuary
At the same time, conceptions of access are also rooted in more class-based, usufructuary
conceptualizations of the land.
In this situation, short-term usufructuary
rights may be all that is
17) Native title to particular land (whether classified by the common law as proprietary, usufructuary
or otherwise), its incidents and the persons entitled thereto are ascertained according to the laws and customs of the indigenous people who, by those laws and customs, have a connection with the land.
Article 55 of the Hague Regulations provides that "[T]he occupying State shall be regarded only as administrator and usufructuary
of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country.
41) According to Article 55, the occupying state is to be "regarded only as administrator and usufructuary
of public buildings, real estates, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country.
For example, Article 55 of the Hague Regulations provides that the "occupying State shall be regarded only as administrator and usufructuary