RIGHT OF USE AND HABITATION IN BOLIVIA

SCOPE OF THE RIGHT OF USE: LIMITS AND BENEFITS

The right of use grants a person the ability to make use of a property and benefit from its natural yields, but only to the extent necessary to meet their own and their family’s basic needs. It does not permit commercial exploitation or income-generating activities.

Practical Example: Rosa, a mother of three, is granted the right of use over her uncle’s farmland.

• Rosa can plant potatoes and corn on the land.
• She may use the produce to feed her family and store food for the year.
• If the harvest is abundant, she may gift part of it to close relatives in need.
• However, she may not sell the produce or rent the land, as that would exceed the legal limits of this right.

In this way, the right of use supports Rosa’s family’s subsistence but prevents it from becoming a source of commercial profit.

WHAT DOES THE RIGHT OF HABITATION ALLOW?

The right of habitation allows an individual to live in another person’s home, limited to what is necessary for their own and their family’s housing.

Practical Example: Pedro, an elderly man, states in his will that his youngest daughter, María, will have the right of habitation in one of his homes in Cochabamba.

• María can live there with her husband and two children.
• She may occupy as many rooms as are necessary to provide dignified living conditions.
• She cannot rent out a room to a student or allow unrelated friends to live there permanently.

The objective is to guarantee shelter for María and her family—not to turn the house into a rental income property.

USE AND HABITATION: NON-TRANSFERABLE RIGHTS

Both use and habitation rights are strictly non-transferable. The law prohibits their assignment or rental to third parties. This preserves their social and familial nature and prevents them from becoming commercial ventures.

Thus, Rosa cannot lease the farmland she uses, and María cannot rent out rooms in the house she inhabits.

EXPENSES UNDER THE RIGHT OF USE AND HABITATION

The beneficiary assumes certain financial responsibilities depending on the extent of use:

• If the entire property is used (i.e., all the land or the entire house), the user must pay for ordinary expenses, repairs, and taxes.
• If only a portion is used, the obligations are calculated proportionally.

Practical Example:

• If Rosa uses only half of the farmland, she is responsible for half of the related taxes and repairs.
• If María lives only on the ground floor of the house while the upper floor remains unoccupied, she pays a proportional share of the costs.

RELATIONSHIP BETWEEN USE, HABITATION, AND USUFRUCT

Where the law is silent, rules governing usufruct may apply to use and habitation, as long as they are compatible. However, key differences exist:

• A usufructuary can fully benefit from the property and earn income from it.
• A user or inhabitant is strictly limited to their personal and family needs.

ESTABLISHING THE RIGHT OF USE AND HABITATION

Though recognized as real rights under Bolivian law, these rights may be granted through specific legal acts:

• By Law: In certain cases of family protection.
• By Will: The owner may assign these rights to an heir over a specific asset.
• By Contract or Notarized Public Deed: The owner may voluntarily grant these rights via a notarized document registered with the Real Estate Registry.

Example: Carmen, owner of a house in Sucre, wants to ensure her financially vulnerable youngest son always has a home. She signs a notarized public deed granting him the right of habitation. Once registered, this right is legally binding, and other heirs must respect his residence, even if they become the legal owners.

This mechanism provides long-term housing security without transferring ownership.

DIFFERENCE BETWEEN HABITATION AND ROOM RENTAL

The rental of a room is very different from the legal right of habitation:

• In a rental agreement, the tenant pays rent, and rights depend on the terms of the contract.
• In a habitation right, there is no rent; it is a free real right restricted to the beneficiary’s family.

Example: If a student rents a room in Carmen’s house for 800 Bs per month, that is a rental—not a legal right of habitation.

SOCIAL FUNCTION OF USE AND HABITATION RIGHTS

These rights aim to protect the family home, uphold the social function of property, and comply with Bolivia’s international human rights obligations—such as the right to adequate housing and private life.

In conclusion, the rights of use and habitation are legal tools designed to meet essential needs without transferring property. They are non-transferable, proportional to their benefit, and can be established by law, testament, or public deed.