The operative part of uniformity decision no. 1/2017 KMPJE

1. Where the ownership of a property is transferred by the owner by retaining the usufruct for himself, usufruct will come into existence.

2. A contract under which the ownership of a property is transferred does not need to specify a separate legal ground for retaining the usufruct.

3. To register a retained usufruct in the Land Registry no separate document or registration permit is required.

4. The Land Registry authority shall register the retained usufruct ex officio, when complying with the request for registering the ownership of the property.

5. The Uniformity Panel no longer maintains decision no. EBH 2010.2281 as a decision declaring a principle of law.