The Regulation allows the usufructuary
of real estate units to
46) Once vested, the appropriator would have the ability to perpetually use and consume the same quantity of water each year,(47) and the beneficial uses of that water form the boundaries of the claimant's usufructuary
of taking rarely occurs with water rights given the usufructuary
The Cultural Limitation on Exploitation of Usufructuary
138) The primary reasons, according to the court, were: (1) because water rights are usufructuary
, any use restriction effectively eviscerates the right; and (2) to a plaintiff, it made little difference whether the restraint followed from a regulatory constraint or from the government physically removing the water; the impact was the same.
interest in water is distinct from private title to land, in which ownership entails considerably more than a limited right to use a natural resource for certain purposes.
The existence of systems for describing and assigning usufructuary
rights implied these would have the same political valences that they had in Britain.
Across and within Native nations, multiple forms of ownership and usufructuary
rights existed, and access was determined through a nexus of relationships.
84) For surface water in defined lakes and streams, landowners hold usufructuary
rights to water; the rights cannot be severed from the land.
Rites were conducted on specially consecrated land much as monastic ordination is allowed only on land free of usufructuary
There are also similarities in affiliation to the land between the Sami and other indigenous peoples, for example, the traditional forms of land tenure, the common "ownership" of land, and the usufructuary
rights of the individual or family belonging to the community (Morner, 1979:102-103; Brosted, 1986).
The right of the usufructuary
or owner of some other limited real right, in respect of the economic value of the usufruct or of the right in question.